COURT FILE NO.: CR-21-10000146-0000

DATE: 2023/08/14

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

HIS MAJESTY THE KING

– and –

ABDIASSIS HASHI

Karolina Visic, for the Crown

Ari Goldkind, for the Accused

HEARD: March 6-10, April 3-6, June 23, 2023

g. roberts j.:

OVERVIEW

[1] Abdiassi Hashi is currently 48 years old. He has been in custody since May 16, 2020, when he was arrested by police for attacking Kitanna Kamaldin with a knife on May 11, 2020. On August 19, 2021, I found him guilty of aggravated assault and uttering a death threat in relation to the attack. The Crown brought an application to have Mr. Hashi declared a dangerous offender (DO).

[2] There was no issue that Mr. Hashi should be designated a DO. Nor was there any issue that a fixed sentence would be inadequate to manage the risk he poses. The focus of the DO hearing was whether the risk Mr. Hashi poses can be adequately managed under a fixed sentence followed by a long term supervision order (LTSO), or whether nothing less than an indeterminate sentence is required.

[3] Defence counsel forcefully and skillfully argued that a fixed sentence followed by a LTSO would be sufficient and appropriate. Indeed, in the unique circumstances of this case, an indeterminate sentence would be cruel and unusual. Defence counsel pointed out that Dr. Ramshaw, who he acknowledged was eminently qualified to provide an opinion regarding Mr. Hashi’s future risk, accepted that Mr. Hashi’s major mental illness (MMI) exacerbated the risk Mr. Hashi posed. Further, Dr. Ramshaw accepted that Mr. Hashi’s MMI has never been adequately treated. Defence argued “treat the man, treat the problem”, pointed out that Mr. Hashi is open to treatment, and asserted that the LTSO will provide the “village” necessary to give Mr. Hashi the structure and support required to keep him stable and adequately mitigate the significant risk of violence that he poses.

[4] My difficulty with the defence position is that Mr. Hashi also has a long-standing anti-social personality structure (going back to childhood) and significant substance abuse issues that make successful treatment of his MMI both very challenging and very unlikely, absent significant and constant structure and supervision. I accept Dr. Ramshaw’s opinion that it was possible that sustained optimal treatment could assist with Mr. Hashi’s anger, or disinhibition due to anger, but it was not probable. Indeed, it was unlikely. Mr. Hashi has been navigating the world using his anti-social personality structure since he was young. In all the circumstances of this case, there is not a reasonable expectation of controlling the risk he poses in the community. Nothing short of an indeterminate sentence will suffice.

CIRCUMSTANCES OF THE INDEX OFFENCE

[5] Abdiassis Hashi was charged with a series of offences relating to a vicious attack on Kitanna Kamaldin (KK) in her apartment shortly before 6:40 pm on May 11, 2020, including: attempt murder; aggravated assault; choking; unlawful confinement; and uttering a threat to cause death. Mr. Hashi was also charged with sexual assault of KK, but the Crown withdrew this charge after I ruled that a statement KK made at hospital was not admissible for the truth of its contents. (Very sadly, KK died before both the trial and the preliminary inquiry, thus the Crown’s case turned on the admissibility of statements KK made on the evening of the attack. I ruled that some but not all were admissible for the truth of their contents, which I explained in my reasons for judgment: R. v. Hashi, 2021 ONSC 5617.) The Crown also withdrew the charges of choking and unlawful confinement. In addition, Mr. Hashi was charged with assaulting a police officer during his arrest on May 16, 2020.

[6] I was satisfied beyond a reasonable doubt that Mr. Hashi attacked KK with a knife, wounding her by cutting her in multiple places, including two penetrating stab wounds to her inner forearms that bleed significantly and needed to be stitched closed. I was also satisfied beyond a reasonable doubt that Mr. Hashi told KK he was going to kill her while attacking her with a knife. I found Mr. Hashi guilty of aggravated assault and uttering threats. However, I had a reasonable doubt that Mr. Hashi had the requisite specific intent to kill (for reasons I explained in my judgment), thus I acquitted him of attempt murder.

[7] This was a serious and terrifying attack. The fear in KK’s voice during her 911 call is palpable. I have no doubt that KK thought Mr. Hashi was trying to kill her: he cut her numerous times, including on her face and neck (though these cuts proved to be superficial). The first thing she did when police arrived was show them the cut to her neck. Her apartment was in disarray, suggesting a struggle, the stab wounds to her forearms appeared defensive, and KK was crying, distraught and traumatized. I am also satisfied beyond a reasonable doubt that the attack was sudden and unprovoked. KK told the 911 operator, "He came over and he just started going-, like he-, everything was fine and then he just started going, um, ballistic for no reason. He took the knife from the counter, there's blood all over the floor, I have slice marks on my arms and there's…a lot of blood." Toronto ambulance subsequently came on the line and asked her exactly what happened, and she again explained: "Um, I had a guy come over and every-, he, he was acting fine at first and then he, he just-, he went on ballistic for no reason, he took the knife from the counter and started slicing me up and just, just being really, really aggressive and really fucking violent with me, he was threatening to kill me, there's a lot of blood on the floor, I'm really like-, I'm, I'm cut up pretty bad…"

[8] The two were casual acquaintances – KK knew Mr. Hashi through a friend and from seeing him around in the building, and she appeared to have let Mr. Hashi into her apartment. When the ambulance attendants arrived, KK told them that Mr. Hashi wanted sex. When she refused, he attacked her, choked her and punched her. She fought back and he grabbed a knife, and cut her arms, neck, and face. While this makes sense, I did not admit this particular statement for the truth so I cannot be sure of this motive. But I am sure that the attack was unprovoked, sudden, vicious, and terrifying.

[9] Mr. Hashi behaved rationally after the attack. He left when KK managed to get to a phone to call for help. Surveillance video showed that he took a circuitous route both when leaving the building, and leaving the area of the building.

[10] I was also satisfied beyond a reasonable doubt that Mr. Hashi assaulted police after he was arrested. While he was being held in police custody, he deliberately spit at a police officer through the hatch in his cell door. He was angry and consciously positioned himself so as to spit through his hatch and hit the police. It was a lot of spit. He told the police officers that he was infected with COVID-19. This was early in the pandemic, before a vaccine and specific drugs for treatment were developed.

CIRCUMSTANCES OF THE OFFENDER

BACKGROUND

[11] Mr. Hashi was born on June 28, 1975 in Somalia. He comes from a large and wealthy family. His father had multiple wives and he has numerous siblings (his accounts of how many are inconsistent, varying between 16 and 21). His father was a businessman, and his mother was a housewife. Mr. Hashi told Dr. Ramshaw that before the civil war, “life was perfect for me; I had everything I could want as a student; I was basically spoiled; I had a car waiting for me; I had a perfect life”. Mr. Hashi left Somalia when he was 14 because of the civil war, together with a half-brother. He came to Canada via the United States in 1991. He became a Canadian citizen in 1997. His father died of natural causes in 2015, at the age of 78, and his mother remains in Somalia.

[12] Mr. Hashi provided inconsistent accounts about his life in Somalia before coming to Canada. He has claimed to have been a child soldier, and/or been shot, but he denied both things to Dr. Ramshaw. Regardless, there is little doubt that the war affected him, and he saw and learned of significant violence, and lost people he loved.

[13] Dr. Ramshaw noted that according to the 1994 London Psychiatric Hospital records, Mr. Hashi was a very hyper child who had difficulty concentrating. His brother reported that he had difficulty making and keeping friends and easily became frustrated with them, though generally internalized his anger. His cousin Mahamoud Hashi reported that he had many friends in Somalia though he was very energetic/hyperactive and would become angry easily. While he did not physically fight much, if he didn’t like something, for example if someone took his soccer ball, he would throw rocks at the person. According to his cousin, there was no treatment or recognition of mental illness in Somalia; “treatment is don’t piss him off; they let him calm down”. Two of Mr. Hashi’s siblings also had mental illness.

[14] After arriving in Canada, Mr. Hashi attended school, attaining a secondary school diploma in June 1996 in Kitchener, Ontario. He did particularly well in ESL courses. He speaks English, Somali, and some Arabic and Swedish.

[15] Mr. Hashi has worked as a taxi driver and dispatcher. While he has claimed to have done this for significant periods of time, he has been receiving ODSP since July 2003 (and he noted in his application that he had been unemployed since 2001). He denied panhandling or obtaining income by other means. His criminal record suggests he did some work as a dispatcher in early 2006, as he was charged with assaulting a co-worker.

[16] Mr. Hashi met his wife in Somalia in the 1980s, and they married in 2004 in England. They have a daughter and a son (now 17 and 13), who live in England with their mother. The family was together in Sweden from 2008 to 2011, and followed Mr. Hashi to Canada in 2012, but returned to England after Mr. Hashi was arrested. Mr. Hashi has had no contact with his children for over 7 years. Mr. Hashi reported having a number of casual relationships, and more than five longer-term relationships, living with three women.

[17] Since being returned to Canada in 2011, Mr. Hashi has either been in prison or on probation. He had stable housing between 2011 and 2013. After that time, when in the community, he has been living in temporary shelter, or homeless. Since 2006, he was subject to the terms of a release on bail or a probation order during all of his offending.

[18] Mahamoud Hashi (a cousin who lives in Canada) maintains some contact with Mr. Hashi and is prepared to provide on-going support, but not housing. Dr. Ramshaw noted that Mr. Hashi declined to provide the names of other supports in the community, but the correctional visitation records showed that various family members have visited him in custody.

[19] Mr. Hashi has struggled with alcohol and drug abuse, including cocaine, cannabis, methamphetamine, amphetamine, and morphine (see section of Dr. Ramshaw’s report titled SUBSTANCE USE HISTORY). Some of his many hospital contacts resulted from what doctors believed to be drug-induced episodes of psychosis. Mr. Hashi smoked crack cocaine prior to the index offence.

[20] On the date originally set for the dangerous offender hearing to begin, there were fitness concerns, and Mr. Hashi was found to be unfit (see Dr. Ali’s report dated September 9, 2022). At the time, he was being medicated with 200 mg of Seroquel every night. He was sent to Waypoint for treatment, and was stable the entire time, from the very outset (see Dr. Van Impe’s report dated November 2, 2022). He was treated with 10 mg of Olanzapine every night, which initially worked well but Mr. Hashi became depressed, despite the addition of the anti-depressant Remeron. Mr. Hashi asked to change from Olanzapine back to Seroquel, which was done on November 2, 2022, though the dose was apparently increased to 300 mg of Seroquel. Mr. Hashi remained fit once back at the TSDC (see Dr. Jones’ report dated February 10, 2023).

HISTORY OF OFFENDING

[21] Mr. Hashi has a lengthy criminal record, primarily for crimes of violence and failing to abide by court orders, such as failing to appear, or failing to abide by conditions of a probation order or a recognizance. His interactions with the criminal justice system have almost invariably involved mental health assessments or involvements. A couple of themes emerge. First, Mr. Hashi tends to lash out suddenly and violently against those who do not give him what he wants, or interfere with what he wants, or he feels disrespect him. The attacks are spontaneous, but not always. Mr. Hashi may wait for a moment of vulnerability to pounce. For example, the August 18, 2016 attack on a cleaner at CAMH appears to have been in retribution for the cleaner confiscating contraband weeks earlier. Mr. Hashi waited until he found himself alone with the cleaner at which time he viciously attacked, breaking her nose and beating her before she managed to activate the alarm. In the June 9, 2018 attack on a police officer, he initially pretended to comply with her direction, and then punched her in the face, breaking her nose, and fleeing. Second, while Mr. Hashi and his counsel have consistently attributed his offending behaviour to mental health issues, mental health professionals have consistently attributed his violence and offending behaviour to his personality or character.

[22] I have summarized Mr. Hashi’s criminal record in the approximate chronological order of the offending in Appendix A. I put the dates when the allegations occurred or charges were laid in italics, and the sentencing dates in bold.

INSTITUTIONAL INVOLVEMENT

[23] Mr. Hashi has been in custody many times, but, apart from the present period, for relatively short periods of time. He has never been to the penitentiary. He has been assaulted on numerous occasions in custody and in the community. He has also threated and assaulted staff many times. At the time of Dr. Ramshaw’s report, May 26, 2022, he had incurred over 30 charges of misconduct, including for assault, damaging property, threatening, disobeying orders, inciting a disturbance, and abusive language. He was frequently in segregation for the protection of others. Since the date of the report, he has incurred further charges of misconduct while at the TSDC awaiting the completion of the DO hearing.

[24] Mr. Hashi also has a history of threats and violence in the community, hospital, and during other periods of custody, which have not resulted in criminal charges. This history is included in the section of Dr. Ramshaw’s report titled AGGRESSION HISTORY. The Crown also described this in her detailed factum, noting (and subsequently describing at para.51) “55 documented incidents of violence or aggression by Mr. Hashi in the community or in jail”. Mr. Hashi also has a history of suicidal and homicidal thoughts, sometimes inter-twined (murder-suicide), though it was noted that he is an inconsistent historian, and has a “manipulative tendency”, changing his story depending on what he wanted. Dr. Ramshaw noted “there were concerns about him using suicidality and homicidality as a means of obtaining an admission, and then he would be uncooperative with assessments and ward rules, and/or aggressive during admission” (Dr. Ramshaw report, p.28). Dr. Ramshaw also noted that Mr. Hashi’s “communication appeared selective at times,” for example ranging from non-communicative to highly communicative within short periods.

MEDICAL HISTORY

[25] Mr. Hashi has a long and complex history of seeking medical treatment and admission to hospital, primarily for psychiatric reasons. There are over 100 hospital contacts, and related records, spanning 14 hospitals going back to 1994.

[26] Between about 2007-2011, Mr. Hashi was outside Canada (as described in Appendix A). After accumulating a number of criminal charges in Canada in 2006 and 2007, in a number of jurisdictions, Mr. Hashi left Canada, eventually settling in Sweden. However, Mr. Hashi appears to have been deported from Sweden. He was arrested at Pearson airport on his return to Canada in 2011. He was carrying lithium, and accompanied by a psychiatrist.

[27] There are medical and institutional reports from the early 2000s, and then from 2011 to the present, including medical reports done in the context of his offending. Dr. Ramshaw summarized the Canadian medical contacts and reports in the appendix to her report, and I will not repeat that work here.

[28] In a nutshell, none of the hospital admissions have helped Mr. Hashi. To the contrary they have made him worse. He has often acted out violently in the various institutional settings when things have not gone as he wished. Dr. Ramshaw noted that his victim pool is broad – male, female, co-patients, hospital staff, nurses, cleaners, security, doctors – anyone in his presence when he is angry or doing something he does not like in the moment. A 2004 note described a general pattern of getting admitted “for a short period…[he] does not like the …rules and regulations; and when he doesn’t get his own way, he tends to get angry”.

[29] While only two incidents resulted in criminal charges and convictions (the August 18, 2016 attack on housekeeping staff at CAMH, and the August 14, 2017 attack on Dr. Ballou at CAMH), the incidents include multiple acts of direct violence, including another attack on a psychiatrist. On August 6, 2014, during an involuntary admission at CAMH, when Dr. Baici told Mr. Hashi he would not be getting a pass to leave the hospital that day, Mr. Hashi became irritated, and the doctor immediately left his room. Mr. Hashi “lunged” from behind, grabbing the doctor’s throat and partially closing the airway. Others came to help. Dr. Baici suffered cuts and bruising from scratches across his neck and one on his chest, requiring medical attention.

[30] The various doctors who have interacted with Mr. Hashi, and tried to help him, have invariably attributed his violence to his personality, not a major mental illness:

• Dr. Roy at CAMH on August 8, 2014;

• Dr. Lustig at CAMH on December 4, 2014;

• Dr. Glancy at CAMH on January 25, 2017 – “His behavior is clearly not driven by psychosis or mental disorder, but rather by his character”;

• Dr. Ballou noted he was “lucid, organized” prior to attacking her on August 14, 2017;

• Dr. Gojer confirmed Dr. Ballou’s assessment in his defence report (dated June 7, 2018), noting that Mr. Hashi made no attempt to assault any other staff and was “quiet and settled” once the assault on Dr. Ballou was over. Dr. Goyer noted in general that Mr. Hashi’s “assaults have been when his wishes or needs are not met or when he feels he is being disrespected.”

[31] Mr. Hashi has never stuck to any treatment plan, eloping from hospital, and repeatedly returning to hospital after treatment with a prescription seeking a new treatment and new prescription. He does not want to take medication by injection (he left psychiatric follow up with Dr. Siu in 2012 as a result.) The only times he achieved anything approaching stability was a longer-term admission at St. Lawrence Valley, July to November 2019, and his time at Waypoint in the fall of 2022 on the treatment order. Upon his release from St. Lawrence Valley, he was described as a “gentle, soft-spoken man who was shy though formed rapport easily”.

[32] After his release from St. Lawrence Valley Mr. Hashi lived at Downsview Dells Shelter, and participated in treatment for cocaine use, but appears to have been kicked out (unfortunately the record is silent on why but based to what he told a probation officer in March of 2020 he appeared to be using drugs at the time). By April he was living on the street (despite his probation officer immediately finding him a shelter bed on learning he was no longer at Downsview Dells). Mr. Hashi committed the index offence on May 11, 2020, and was arrested on May 16, 2020, and returned to the TSDC, less than six months after being released from St. Lawrence Valley.

ASSESSMENT

[33] Dr. Lisa Ramshaw is an experienced and well-recognized expert in forensic psychiatry who has done somewhere between 40 and 50 dangerous offender assessments. She was retained to provide an assessment report in relation to the Crown’s application to have Mr. Hashi declared a DO. Dr. Ramshaw produced a 63 page report, together with a 43 page appendix, dated May 22, 2022, and testified over 4 days (March 6-9, 2023). The lag between the report and the evidence was due to fitness concerns, described above.

[34] Dr. Ramshaw noted that the records were voluminous in this case, due to Mr. Hashi’s extensive involvement with the criminal justice system and his numerous, often related, hospital and medical contacts. While information about Mr. Hashi’s early years in Somalia and time in Sweden between 2007-2011 was sparse, Mr. Hashi’s life in Canada since returning in 2011 was very well documented. Dr. Ramshaw reviewed the voluminous material, and met with Mr. Hashi three times (February 18, March 10, and May 3, 2022) for a total of around 9 hours. Mr. Hashi cut the first two meetings short, ultimately walking out of both, and declined to attend a scheduled meeting on March 22, 2022. He stayed for the duration of an additional meeting on May 3, 2022. Dr. Ramshaw also scored Mr. Hashi using well-established risk assessment tools: the PCL-R (moderate - 27.1 out of 40), the VRAG (6 of 9 ascending categories of risk), and the HCR20-V3 (highest possible score suggesting a high risk of re-offending violently).

[35] Based on Mr. Hashi’s history and presentation, Dr. Ramshaw diagnosed Mr. Hashi as having a personality disorder with antisocial traits, schizoaffective disorder, substance use disorders, and a history of post-traumatic stress disorder (PTSD), though the latter did not appear to be active. She could not rule out a social anxiety disorder. Dr. Ramshaw noted the following in her report about the diagnoses she reached (pp. 54-57):

Antisocial Personality Structure (ASPS)…[disorder described]...Mr. Hashi has engaged in frequent unlawful behaviour and violence in the context of ease of anger and irritability, and as a way of getting his perceived needs met. He has been significantly impulsive and criminally opportunistic. He has been selective in his communications to suit his immediate needs which has often been contradictory and a means to an end. He has also used aliases at different times. He remains a highly unreliable historian with denial and minimization, and a lack of insight. He has tended to live in the moment with little regard for himself or others or remorse for his behaviours. Further, he has significant psychopathic traits (see below under Risk Assessment).

Mr. Hashi’s more extensive aggression and criminal behaviours appeared to coincide with the onset of his mental illness around the age of 18 or 19. More significant violence started when he was around 30 years of age in the context of heightened instability, and it escalated over time and culminated in the aggravated assault at the age of 44. His anger, hostility, and violence appear to increase in the context of lifestyle instability, substance use, and non-adherence with medication. There have, however, not been any evident delusional motivations for his violence. With medication treatment and abstinence from substances while in custody, his stability and cooperation continued to fluctuate, though there was no reported violence since the fall of 2020.

Mr. Hashi has not done well in the community or during acute hospital admissions where his violence often escalated. Concerns noted in hospital and in custody have included difficulty tolerating rules or feeling controlled in any way, and intolerance when he did not get his own way or when he felt disrespected. While he has likely been impacted by racism at times, he has also frequently accused others of being racist when he did not like their actions or when they have not met his immediate needs. He has justified his violence, he has often portrayed himself as the victim, and he has demonstrated little interest in the wellbeing of others. He has variously stated that he has been violent when people were rude to him, discriminating against him, talking down to him, and he has spoken about the need for revenge and that people deserved to die. He has also frequently modified his rationalizations for his violent behaviour, though all rationalizations contained antisocial values.

Mr. Hashi’s aggressive behaviour has often been opined to be driven by his character, not directly by mental illness. It has frequently been noted that he has relied on anger and aggression to achieve his goals. [emphasis added]

Schizoaffective Disorder…[disorder described]…Mr. Hashi has had difficulties with mental illness since about 1993. He experienced depression for about a year which was treated with various antidepressants, followed by a manic episode in 1994. The latter was attributed to both antidepressant treatment and to substances of abuse. While there were no further reported formal psychiatric contacts until 2003, there were over a hundred hospital contacts subsequent to that time. These were primarily for situational crises and suicidality, though also for aggression, an episode of mania and psychosis in 2013 and cocaine-induced mania in 2016. Reports of psychotic symptoms were variable over time and ranged from paranoia without a well described delusional system, to voices telling him to harm himself and others. He appeared to improve with medication and a more stable lifestyle, though was frequently non-adherent with treatment. His symptoms were at times exacerbated by substances. His intermittent sexually inappropriate behaviours are in keeping with disinhibition and heightened sex-drive with manic symptoms, such as when he tried to kiss a nurse, when he was exposing himself, and when he made sexually inappropriate comments to female staff.

While a substance-induced mood and psychotic disorder could not be ruled out and has been noted at times (such as a “query drug-induced psychosis” in 2016), Mr. Hashi likely has an underlying major mental illness based upon his persistent symptoms and instability, as well as his strong family history of serious mental illness.

Mr. Hashi may have been experiencing symptoms earlier than recognized, such as in Somalia. However, as his cousin indicated, there was a lack of recognition of mental illness in Somalia. Further, the stigma of having a mental illness may have impacted Mr. Hashi’s compliance with treatment over time. While it is likely that he does have an underlying major mental illness, he has also likely feigned symptoms such as hearing voices telling him to kill himself and others, and experiences including expressed suicidal ideation and homicidal ideation at times to obtain hospitalization. He has a history of changing his story depending on his perceived needs/desire, including when he no longer wants to stay in hospital.

Substance Use Disorder…[disorder described]…Mr. Hashi has an over 20-year history of problems with substances of abuse, variously involving alcohol, cannabis, and crack cocaine. While he has frequently not been forthcoming about his use, there were many reports of substance abuse: legal problems in the context of use, including the index offence in which the victim reported that they were smoking crack together; being aggressive (assaultive and threatening) under the influence of cocaine or alcohol; using alcohol or cocaine prior to admissions; drinking prior to being assaulted; being in possession of crack pipes; having positive urine screens; manic symptoms and other psychiatric symptoms resulting from use; not taking medication when drinking; somatic symptoms resulting from use; and others being concerns about his use of substances.

Mr. Hashi has had some limited substance abuse treatment which included attending a “rehab/treatment centre” and/or attending the Ossington Detox Unit in 2014, attending Across Boundaries for substance abuse issues in 2019, and attending the Downsview Dells Treatment Centre for substance treatment in November 2019

[36] Dr. Ramshaw explained that although Mr. Hashi had all of the required behaviours to be diagnosed with Antisocial Personality Disorder (not just the required three), the diagnosis also required conduct disordered behaviour prior to the age of 15. While Dr. Ramshaw had some information about Mr. Hashi’s early life in Somalia (she noted that Mr. Hashi’s cousin described Mr. Hashi as having angry outbursts as a child, hyperness, and throwing rocks at his peers), she did not believe that she had enough history to conclude there was conduct disordered behaviour prior to age 15. As a result, she diagnosed Mr. Hashi as having a personality disorder with anti-social traits or structure. She characterized this personality disorder as severe, as Mr. Hashi demonstrated all the listed conduct disordered behaviour (see p.54 of her report). Further she noted that Mr. Hashi’s MMI exacerbated his behaviours in a “pervasive maladaptive way”, and that his anti-social personality structure has been reinforced over time as he had repeated his behaviour.

[37] Dr. Ramshaw summarized Mr. Hashi’s “most salient” risk factors as follows:

• Antisocial personality structure with significant psychopathic traits

o With impulsivity, poor behavioural controls, lack of empathy, remorse or guilt, an external attributional style, criminal versatility, use of weapons (including throwing urine and feces, use of a knife, threats to get/use a gun), violation of court orders, deceitfulness, problems with limit setting, poor social reciprocity, and a disregard for the safety of others

• Emotional dysregulation with anger and ease of agitation, suicidality, and violent and homicidal ideation

• Major mental illness

o With frequent exacerbations in the context of chronic non-adherence with medication and supervision/follow-up, substance use, and an unstable lifestyle

• Substance abuse involving cocaine, alcohol, and cannabis

• Significant psychosocial instability

o Housing, relationships, work, activities

• Limited ability to learn from the past

o Denial of violence history or problems

o Denial of risk

o Largely living in the moment with limited follow through with goals

• Lack of internal controls

o Related to his personality structure and major mental illness

• Unreliable and selective self-report and poor cooperation with assessments

• Poor community supervision and treatment response

o Related again to his personality structure, major mental illness, and substance abuse; while he has communicated that he wanted to improve his behaviour at times, this desire for change has been fleeting, and stability has not been sustained

[38] Dr. Ramshaw noted that protective factors include “some family support, a pleasant demeanor for short periods, average intelligence, and potential for improvement with clozapine”.

[39] Dr. Ramshaw believed that Mr. Hashi’s violent offending was primarily linked to his anti-social personality, but exacerbated by major mental illness, substance abuse and lifestyle, which put him at greater risk for committing violence. She explained that when more ill, his personality style is exacerbated and made more extreme or worse. For example, his ease of anger is greater when he has more symptoms of a MMI and substance abuse. Both his personality disorder and MMI are made worse by an unstable lifestyle.

[40] Antisocial personality traits can be treated with limits, structure, and cognitive behaviour therapy (CBT) to try and modify thinking and coping strategies, including showing how behaviour modification could benefit the offender, and trying to find pro-social behaviours that the offender would find meaningful, or feel gave them something. Even with such carefully tailored treatment strategies, however, treating Mr. Hashi’s anti-social personality traits is complicated by a number of factors, including his other diagnoses, but also by the personality disorder itself. Mr. Hashi does not believe that he has a significant history of violent behaviour, or any issue with substance abuse, and invariably deflects responsibility and casts himself as the victim. This lack of self-insight and related lack of motivation to change pose a significant barrier to doing the hard work required to make meaningful change in long-standing personality traits (as noted, Mr. Hashi’s cousin recalled that even as a child, before the civil war, Mr. Hashi had angry out-bursts and threw things at his peers). Mr. Hashi’s other diagnoses also make treatment difficult, as mental and emotional stability is a necessary pre-condition for the hard work of behaviour and personality change. Mr. Hashi’s “selective” communication style also makes treatment difficult, as it is very difficult to monitor him and evaluate him. For example, it is difficult if not impossible to know whether he is really experiencing mania or psychosis, or suicidal or homicidal ideation, or just saying that he is in order to get something he wants.

[41] While anti-social personality traits are lifelong (they reflect personality), for most people aggression, impulsivity and anger tend to improve with age, though this is complicated for someone with MMI and substance abuse. Deceitfulness may not change. The phenomenon of “mellowing” or “burn out” does not appear to have affected Mr. Hashi to this point. He was 44 at the time of the index offence, and still displays aggression, anger and impulsivity in custody. But it is a progressive phenomenon; only a sustained period of time will tell. Dr. Ramshaw would expect some improvement in Mr. Hashi over time, but not necessarily if he has active symptoms of MMI, or is actively using substances.

[42] Mr. Hashi’s MMI can be treated, but this will require significant external structure to ensure he follows the necessary medication regime. He has been treated many times, though never with the drug Clozapine, which Dr. Ramshaw noted was particular effective for aggression and psychosis. And never for a sustained period (over 6 months) in a structured setting. Dr. Ramshaw agreed that if Mr. Hashi was optimally treated for a sustained period of time it was possible that could assist with anger or disinhibition due to anger, but she did not think this was probable. She noted that he has an anti-social personality structure and has been angry since he was young. She agreed that Mr. Hashi appeared to be more stable with medication.

[43] So far, apart from his time at St. Lawrence Valley, Mr. Hashi has only had relatively short-term admissions. He has never stuck with any medication, attributing his illness to his medication, for example, claiming that the anti-depressant he was given in 1994 caused his mania. Dr. Ramshaw believed this “blaming” was in keeping with Mr. Hashi’s tendency to attribute his difficulties to something specific outside himself. In her first meeting with Mr. Hashi, for example, she could not move him from discussing his belief that he was only in trouble with the law because police made a mistake arresting him in 2012. Even if his MMI was treated, however, Mr. Hashi would continue to pose a risk; Dr. Ramshaw emphasized the risk Mr. Hashi poses flows mainly from his anti-social personality traits, exacerbated by his MMI. Mr. Hashi has been aggressive absent being highly symptomatic

[44] Dr. Ramshaw believed that Mr. Hashi poses a high risk of re-offending violently, noting in her report that he has “few internal controls and many disinhibiting factors (impulsivity, ease of anger and emotional dysregulation, antisocial values, psychotic symptoms, and substance abuse). While he could potentially be managed in the community, this would require significant resources providing external controls, optimized medication, and intense and ongoing structure, supervision and monitoring.

[45] The fact that Mr. Hashi was stable at Waypoint during the period of the treatment order did not change Dr. Ramshaw’s opinion, or anything in her report. She noted that Waypoint is a high security psychiatric facility, and Mr. Hashi was there relatively briefly. She believed a much longer period of stability would be required before there was any hope for change. She noted that Mr. Hashi was also stable when he was at St. Lawrence Valley, but then committed the index offence, an escalation in his violence as it involved the use of a knife. Further, there was a reported incident on December 16, 2022, when Mr. Hashi was back at the TSDC, where Mr. Hashi was reported to be agitated and aggressive.

[46] Mr. Hashi was receiving 200 mg Seroquel when Dr. Ali saw Mr. Hashi and found him unfit, and 300 mg when Dr. Jones saw him and found him fit, plus 30 mg Remeron. Dr. Ramshaw did not believe that the additional 100 mg of Seroquel could explain the difference in his mental status. She believed a much higher dose would be required to make such a dramatic difference, explaining that Seroquel in a 200-300 mg dosage was more effective in addressing anxiety and sleep issues than psychosis, which would require a much higher dose, in the range of 600 mg. She believed that the medication helped him have more stable thinking and mental state, and less underlying tension, which helped control his anger. She had a similar experience in so far as Mr. Hashi presented very differently during the different times she saw him. She did not know whether it was because of a natural fluctuation in his mental state, or because he acts differently when he has incentive to do so. For example, on one occasion when Mr. Hashi had difficulty interacting with her, he had no trouble interacting with the correctional officers.

[47] In cross-examination, Dr. Ramshaw agreed that if Mr. Hashi’s MMI was treated he would be more stable, and this could “make a significant difference to the man”. Further, he had never been optimally treated for more than 4-6 months. Dr. Ramshaw agreed that Mr. Hashi was unstable during his offending but reiterated that anti-social values were driving his behaviour, not his MMI. For example, there were times he was paranoid but there was no indication that paranoia was driving his behaviour; he had paranoid ideation (his personality structure has mistrust associated with it) not paranoid delusion.

[48] Dr. Ramshaw agreed that medication could make a significant difference to Mr. Hashi, and that even the low moderate dose he was currently taking helped him. In the case of an injection, it is easy to monitor whether someone is taking it. Oral medication is monitored for an inpatient by watching the patient for 15 minutes, and having them drink water. This is not feasible with an outpatient. It is imperfect even in an inpatient as the patient can still vomit up the medication. Injections are unlikely to be prescribed if the patient does not want them as treatment is based on consent, unless the person is found incapable and a substitute consent is in place.

SUPERVISION IN THE COMMUNITY

[49] When an offender is sentenced to a determinate sentence plus a LTSO, the LTSO begins to run at warrant expiry, regardless of whether the offender has been released on parole or detained in custody until warrant expiry. Further, regardless of the length of the determinate sentence, CSC is responsible for monitoring the LTSO, i.e. even if the determinate term is in the reformatory. The LTSO portion is considered a federal sentence, monitored with federal resources.

[50] The level of involvement of a probation officer (PO) supervising a LTSO will vary depending on the level of risk identified. For someone at the highest level of risk there would be intensive supervision, which is 8 meetings a month. The PO could also choose to add more meetings.

[51] It is the responsibility of an offender to self-administer their own medication. Staff at a correctional centre or a halfway house will not administer or monitor the taking of medication, but staff

will provide the identified offender with access to medication related to a parole board condition or court order. The offender and the staff member or contractor will sign and date the log in Annex B. If the staff member or contractor has reasons to believe the offender is not taking his/her medication as required, the necessary action will be taken for risk management purposes. (exhibit 3)

[52] A condition that an offender take medication or treatment as prescribed is difficult to monitor and it can take time to realize that an offender is not taking their medication as prescribed. Urinalysis may be used to monitor conditions not to consume drugs and alcohol. Staff are present when a urine sample is taken (though some offenders still try to game the test by trying to dilute the sample by drinking a lot of water, drinking vinegar, or substituting someone else’s urine). However, urinalysis cannot monitor whether medication is being taken in the dosage and manner prescribed. It will simply indicate the presence of a medication. Correctional Services Canada (CSC) does not do any blood testing, or testing of hair and nails.

[53] Marlene Do Rego, who testified about federal institutions and supports, agreed that a PO who is meeting regularly with an offender would be able to tell if the OR was beginning to decompensate or acting different than normal. A PO would react to any circumstance that increases the risk the offender posed to the community.

[54] Mr. Hashi did not testify or call any evidence on the dangerous offender hearing.

PRINCIPLES GOVERNING THE DANGEROUS OFFENDER DESIGNATION

[55] The primary purpose of the dangerous offender regime in Part XXIV of the Criminal Code is to protect the public when dealing with offenders presenting a very high likelihood of harmful recidivism: R. v. Lyons, 1987 CanLII 25 (SCC), [1987] 2 S.C.R. 309, at paras. 26-27; R. v. Jones, 1994 CanLII 85 (SCC), [1994] 2 S.C.R. 229, at paras. 124-125; and R. v. Johnson, 2003 SCC 46, [2003] 2 S.C.R. 357, at paras. 19, 23 and 29; R. v. Boutilier, 2017 SCC 64 para.65.

[56] Dangerous offender proceedings are sentencing proceedings and the sentencing principles and mandatory guidelines set out in ss. 718 to 718.2 of the Criminal Code apply and must be considered: R. v. Steele, 2014 SCC 61, [2014] 2 S.C.R. 138, at para. 40. But preventive detention “represents a judgment that the relative importance of the objectives of rehabilitation, deterrence and retribution are greatly attenuated in the circumstances of the individual case, and that of prevention are correspondingly increased”: Lyons, at para. 27; see also Boutilier, at para. 55.

[57] A dangerous offender hearing involves a present determination, based on the offender’s past behaviour and patterns of conduct, of future threat. The hearing involves two related but separate analyses: first, at the designation stage, an assessment of an offender’s future risk, taking into account their treatability; second, at the penalty phase, consideration of what is the minimum sentence necessary to manage the risk. Both analyses require detailed information about the offender’s treatability and manageability, such as: any enduring mental illnesses and their treatability; the presence of ingrained personality traits or personality disorders that are likely to persist with time; any sexual deviations; any substance-use disorders.

[58] Section 753(1) contemplates two categories of dangerousness: (a) dangerousness resulting from violent behaviour and (b) dangerousness resulting from sexual behaviour: Boutilier, at para. 16.

[59] Where the Crown seeks to obtain a designation of dangerousness stemming from the offender’s violent behaviour, as in this case, the Crown must prove two elements beyond a reasonable doubt:

First, the Crown must prove that the offence for which the offender has been convicted (the predicate offence) is a “serious personal injury” (SPIO) offence as defined in s. 752(a) of the Criminal Code. A SPIO is defined as an indictable offence punishable by a sentence of 10 years or more involving: (i) use or attempted use of violence against another person; (ii) conduct endangered or was likely to endanger life or safety of another or inflict or likely to inflict severe psychological damage on another person.

Second, pursuant to s. 753(1)(a) the Crown must establish that the offender poses a threat to the life, safety or physical or mental well-being of other persons based on at least one of three potential patterns of conduct:

(i) a pattern of repetitive behaviour by the offender, of which the offence for which they have been convicted forms a part, showing a failure to restrain their behaviour and a likelihood of causing death or injury to other persons, or inflicting severe psychological damage on other persons, through failure in the future to restrain their behaviour,

(ii) a pattern of persistent aggressive behaviour by the offender, of which the offence for which they have been convicted forms a part, showing a substantial degree of indifference on the part of the offender respecting the reasonably foreseeable consequences to other persons of their behaviour, or

(iii) any behaviour by the offender, associated with the offence for which they have been convicted, that is of such a brutal nature as to compel the conclusion that the offender's behaviour in the future is unlikely to be inhibited by normal standards of behavioural restraint.

[60] In this case, the Crown relies on both s.754(1)(a)(i) and (ii) of the Criminal Code to have Mr. Hashi designated as a DO, namely “a pattern of repetitive behaviour” likely to cause severe future harm, and/or “a pattern of persistent aggressive behaviour” showing substantial indifference respecting the consequences to others.

[61] Regardless of the particular statutory route, the Supreme Court has summed up the minimum requirements for designation as a dangerous offender as follows:

(1) the offender has been convicted of, and has to be sentenced for, a “serious personal injury offence”;

(2) this predicate offence is part of a broader pattern of violence;

(3) there is a high likelihood of harmful recidivism; and

(4) the pattern of violent conduct is substantially or pathologically intractable (meaning behaviour the offender is unable to surmount): Lyons p.338; Boutilier, paras.23-28, 47.

[62] The last two criteria are future-oriented, or prospective, and include consideration of the offender’s treatability. As the Supreme Court explained in Boutilier, the trial judge must consider whether the offender’s treatment prospects are “so compelling” that they cast doubt on whether the offender poses a high likelihood of harmful recidivism: Boutilier, at paras. 42-46, cited in AR, 2022 ONCA 553 at 26. This prospective approach ensures that only offenders who pose a “tremendous future risk” are designated as dangerous: Boutilier, para.46.

[63] While the burden is on the Crown to establish the designation criteria beyond a reasonable doubt, the Crown need only prove the likelihood of the prospective criteria because “as a matter of practicality, the most that can be established in a future context is a likelihood of certain events occurring”: Lyons, 1987 CanLII 25 (SCC), [1987] 2 SCR 309 at p. 364; Boutlier, para.26,36.

[64] At the penalty phase, neither side bears any onus. Rather, the sentencing judge must fashion a sentence that is fit for the particular offender. The sentencing principles set out in ss. 718 to 718.2 of the Criminal Code and at common law continue to apply, though the principles focused on protection of the public predominate. The sentencing judge must consider all sentencing objectives and impose the least onerous sentence required to achieve the primary purpose of the scheme (protection of public against risk of harmful recidivism posed by the offender): Boutlier, at para. 31; Spillman, 2018 ONCA 551. Treatability continues to be important. As the Supreme Court explained in Boutilier, at para.31:

[T]he purposes of prospective evidence at the designation and sentencing stages are different. The designation stage is concerned with assessing the future threat posed by an offender. The penalty stage is concerned with imposing the appropriate sentence to manage the established threat. Though evidence may establish that an offender is unable to surmount his or her violent conduct, the sentencing judge must, at the penalty stage, turn his or her mind to whether the risk arising from the offender’s behaviour can be adequately managed outside of an indeterminate sentence.

[65] The general framework that should be followed in the sentencing phase is for the court to ask itself whether a conventional sentence will adequately protect the public. If not, the court should ask whether a conventional sentence of two years imprisonment or more followed by an LTSO of up to 10 years will adequately protect the public. If the answer to this question is also “no”, only then should the court impose an indeterminate sentence: Boutilier, at para. 70.

[66] In determining whether the first two choices might suffice, the court is not bound by the sentencing range that would ordinarily be appropriate for the predicate offences. A court may impose a longer than usual penitentiary sentence to avoid imposing an indeterminate sentence, so long as the court believes that the risk to the community can thereby be managed: R. v. Spillman, at para. 32.

[67] In order to impose a conventional sentence, or an LTSO, there must be a reasonable expectation of controlling the risk posed by the offender in the community: s.753(4.1) of the Criminal Code. “Reasonable expectation” is a more stringent standard than “reasonable possibility”:

A ‘reasonable possibility’, describes something that may happen. A ‘reasonable expectation’ refers to a belief that something will happen…

The term ‘reasonable expectation’ suggests a ‘likelihood’, ‘a belief that something would happen’, or ‘a confident belief, for good and sufficient reasons’….The standard of “reasonable expectation” is more stringent that “reasonable possibility”… R. v. Straub, 2022 ONCA 47, 160 O.R. (3d) 721, at paras. 45 and 62; R. v. SMJ, 2023 ONCA 37, 2023 ONCA at 37; R. v. Tynes, 2022 ONCA 866 at para. 99.

ANALYSIS

THE DESIGNATION PHASE (s.753(1) of the Criminal Code) – Is Mr. Hashi’s violent behaviour substantially intractable?

[68] There is no dispute that Mr. Hashi meets the criteria to be designated a DO. I agree.

[69] First, the circumstances of the index offence, the aggravated assault, which included the death threat, amount to a SPIO as defined in s.752(a) of the Criminal Code.

[70] Second, the index offence is part of a broader pattern of violence. The Crown relies on either or both a pattern of repetitive behaviour likely to cause death or injury, or a pattern of persistent aggressive behaviour showing substantial indifference respecting the reasonably foreseeable consequences of the behaviour. There is no dispute that both are not required; either is sufficient. Without deciding that the first pattern is not present, it is obvious to me that the second pattern is present. Thus, I will simply explain why I find that the index offence in this case is part of a pattern of persistent aggressive behaviour by Mr. Hashi which shows a substantial degree of indifference to the reasonably foreseeable consequences of the behaviour.

[71] The index offence is the most recent expression of a long history of raw unchecked anger and violent aggression without regard to consequence. Mr. Hashi’s criminal record and institutional history show an unrelenting history of significant violent aggression towards those who offend him, or do not give him what he wants, or get in the way of what he wants. See also the summary at paras. 80-87 of the Crown factum. I accept Dr. Ramshaw’s uncontested opinion that Mr. Hashi lacks “empathy, remorse or guilt”, has “an external attribution style”, and his behaviour demonstrates a pervasive pattern of “disregard for the safety of others”, including through deceitfulness, impulsivity, irritability, and threats and violence. Regarding her opinion that Mr. Hashi lacked empathy, Dr. Ramshaw testified that she believed he knew that hitting can have a significant physical impact, but she did not think he was interested in the effect it had on the person hit. Where Mr. Hashi has acknowledged wrongdoing (he tends to deny the most serious behaviour such as the index offence and the attack on Dr. Ballou), he has minimized his behaviour, or justified it. Mr. Hashi’s long history of violent aggression demonstrates a substantial indifference to the reasonably foreseeable consequences of his behaviour to others.

[72] Third, there is a high likelihood of harmful recidivism. I accept Dr. Ramshaw’s opinion that Mr. Hashi “has a high risk of re-offending violently”. This opinion is uncontested and amply supported. It comes at the end of a thoughtful and detailed report, and is carefully grounded in the voluminous record, which includes Mr. Hashi’s “history of frequent violence in multiples settings with a large victim pool….The predicate offence is the most recent of a significant history of refractory and unpredictable violence.” (emphasis added) Dr. Ramshaw confirmed her opinion in her testimony.

[73] Fourth, I am satisfied that Mr. Hashi’s violent conduct is substantially or pathologically intractable. Mr. Hashi’s violence began when he became an adult and has continued unabated for decades despite court orders, treatment, and the provision of stable housing. The index offence is Mr. Hashi’s most serious act of violence, yet it occurred after Mr. Hashi’s longest period of stability (while being treated at St. Lawrence Valley during six months of custody), after he was given stable housing, drug treatment, and psychiatric support at Downsview Dells. He remained stable in the community only briefly (December, 2019 to February, 2020). By March of 2020, he had been kicked out of Downsview Dells. By May of 2020, he was back in custody after committing the index offences.

[74] While Dr. Ramshaw agreed that Mr. Hashi’s anger and violence was disinhibited by his MMI and substance abuse, she believed it flowed primarily from his ASPS. This opinion is amply supported by the record, and appears to be shared by every psychiatrist who has seriously considered Mr. Hashi’s circumstances, including by Dr. Gojer, who was retained by the defence following Mr. Hashi’s attack on Dr. Ballou. I accept her opinion.

[75] Dr. Ramshaw explained that before Mr. Hashi’s ASPS can be addressed, his MMI must be treated and stabilized, and his substance abuse must be treated and brought under control. If these pre-conditions are met, Mr. Hashi may have the mind frame to engage in cognitive behaviour therapy, which is the standard treatment for ASPS. Even if this therapy is carefully tailored to show Mr. Hashi the benefits he can experience by modifying his behaviour, however, it will be extremely challenging as Mr. Hashi has used anger and violence to get what he wants for his entire life. It is a long-standing and deeply engrained part of his personality. Mr. Hashi’s cousin reported that even as a child Mr. Hashi would throw rocks at his friends. Treatment will also be difficult because of Mr. Hashi’s “selective communication style”, need to control, and ease of anger, which make it difficult to accurately assess him, let alone treat him.

[76] Given that Mr. Hashi’s most salient risk factor is his personality, and it is particularly difficult to treat or even address given the co-morbidities of a MMI and substance use disorder, I have no difficulty concluding that his violent conduct is substantially intractable. He poses a tremendous future risk of serious violence.

THE PENALTY PHASE (ss.754(4) and (4.1) of the Criminal Code) – Can the risk posed by Mr. Hashi eventually be managed or controlled in the community?

[77] The central issue in this case is whether a determinate sentence plus a LTSO is sufficient to manage the risk of violent re-offence posed by Mr. Hashi, or whether an indeterminate sentence is required.

[78] Defence counsel acknowledged that a determinate sentence will not suffice to manage or control the risk posed by Mr. Hashi, but strenuously argued that a relatively brief reformatory term served at St. Lawrence Valley (in addition to the very significant period of pre-trial custody Mr. Hashi has served) plus a ten-year LTSO is sufficient to manage the risk posed by Mr. Hashi. In particular, defence counsel argued that if Mr. Hashi’s MMI is treated, and he is supported with stable housing and strict monitoring, this will be sufficient to manage the risk of re-offence he poses.

[79] There is no question that Mr. Hashi’s MMI is part of the risk he poses: it disinhibits the anger and violence that is part of his personality. Dr. Ramshaw explicitly noted that Mr. Hashi’s “risk would likely be moderate to low with a more stable lifestyle, optimized and sustained medication treatment, abstinence from substances of abuse and intense supervision” (emphasis added). The difficulty is maintaining this level of stability. Unfortunately, Mr. Hashi’s personality makes it very difficult. Dr. Ramshaw believed that the “structure, supervision and monitoring” required “would need to be intense and ongoing” (emphasis added). In the community, she specified that it would require “daily supervision of medication compliance”, and random urine screens and hair and nail samples. I accept her opinion. It is amply supported and explained. In light of it, I do not believe that even a penitentiary sentence plus a LTSO will be enough to control the risk of violence Mr. Hashi poses. There is simply no reasonable expectation that Mr. Hashi’s risk can be eventually controlled in the community. As a result, an indeterminate sentence is required.

[80] This is not a question of overwork or underfunding in CSC. Rather the level of supervision required to keep Mr. Hashi stable and compliant is not available in the community. Mr. Hashi cannot be trusted to take his medication and remain sober without daily scrutiny, and regular random testing that the CSC does not provide. This level of monitoring simply does not exist in the community: R. v. Nelson, 2023 ONCA 143. It is a level of supervision in keeping with a custodial setting.

[81] In reaching my conclusion, I found it useful to consider the factors discussed by Justice Hill in R. v. B. (D.), 2015 ONSC 5900. While this decision was written before Boutlier, it was acknowledged that DB was a dangerous offender, and, as in the instant case, the central issue was whether DB could be managed with an LTSO or whether a determinate sentence was required. Justice Hill culled factors from caselaw helpful in determining whether there is a reasonable expectation that the risk posed by an offender could be managed, and thus the public protected, with something less that an indeterminate sentence. I find that the factors apply to this case as follows:

(1) the degree to which the offender has been cooperative with the Part XXIV process

Dr. Ramshaw described Mr. Hashi as “semi-cooperative” with her assessment. He cut two meetings short, refused to attend a third, and refused to discuss certain topics altogether. However, he did participate in a specially arranged fourth interview, during which Dr. Ramshaw noted he tried very hard. Mr. Hashi withdrew his consent to release information from the detention centre to Dr. Ramshaw, and declined to provide the names of other supports, though the jail records showed that other people visited him over time. He did not want to participate in the assessment for sexually inappropriate behaviour that Dr. Ramsaw recommended. In general, Dr. Ramshaw noted that Mr. Hashi was not cooperative if he believed it would not bring him something he wanted.

(2) whether the offender has previously refused treatment or failed to take advantage of treatment opportunities

Mr. Hashi has over 100 hospital admissions. Sometimes he would be discharged with a prescription which he invariably did not follow. Sometimes he would be discharged because he was not benefitting from the admission. Sometimes he eloped. A planned Community Treatment Order never came to fruition because he eloped from hospital. In short, Mr. Hashi has never taken advantage of the numerous attempts made to help him.

(3) whether the offender has been expelled from prior treatment programs

The longest period of stability Mr. Hashi achieved was the approximately 6 months he spent at St. Lawrence Valley serving his most recent sentence. He was stable when he was released on probation in November, 2019, and was given a bed in a residential treatment program for substance abuse at Downsview Dells. He remained there until about March of 2020. Unfortunately, the record is silent as to why he left, but statements to his probation officer in March of 2020 suggest he was using drugs at that time. He was homeless in April 2020, when he last reported to his probation officer prior to committing the index offence. His probation officer found him a bed in a shelter the day they met, and gave him written instructions where to go and who to ask for. Whether or not Mr. Hashi attended is unknown. We do know that he was living on the street by the time of the index offence, and smoked crack with the victim prior to viciously attacking her with a kitchen knife.

(4) whether the offender has previously refused to take prescribed medication or has unilaterally discontinued pharmacological treatment

As noted, Mr. Hashi has been repeatedly prescribed medication. The record is replete with examples of him being discharged from hospital with a prescription and returning almost immediately to get a different prescription. He does not appear to have followed any of them. Dr. Ramshaw testified that the only reliable way to ensure he gets his medication at the correct time and in the correct dosage in the community would be to administer it by injection. But Mr. Hashi does not like injections, and they will only be prescribed with consent (absent a Treatment Order). Urinalysis can assist with whether a medication is in the body, but not with the dose or whether it is being taken regularly as prescribed.

Dr. Ramshaw noted that Mr. Hashi has not tried Clozapine, which she noted was a very effective antipsychotic, particularly where there are concerns about violence. However, it is difficult to administer and requires careful monitoring, including a full cardiac consultation and regular blood work. It can have significant side effects, such as reducing blood cell count and diabetes, which is a particular concern of Mr. Hashi. Mr. Hashi has indicated he does not want to take this drug. It is unclear whether he even can. Assuming he could and would take it, however, there is no reason to believe he would comply with the prescription any better than the scores of other prescriptions he has been given. Even in a halfway house or community correctional centre, it would be up to Mr. Hashi to take his medication with minimal monitoring.

(5) whether the offender has taken treatment in the past and if so whether it ultimately failed to reduce or control the offender’s risk to the public

Mr. Hashi’s treatment at St. Lawrence Valley did seem to help him, but, as noted, the positive effect was short-lived. Within six months of release he committed the index offence, his most violent attack to date, and one that targeted a particularly vulnerable victim.

(6) is the offender motivated and committed to treatment?

Dr. Ramshaw noted that while Mr. Hashi was aware he had a mental illness and was being treated with anti-psychotic medication, he had limited insight into his psychological condition. He did not believe he had bipolar disorder or schizoaffective disorder, but rather believed he had depression, and his medication was to help him sleep. He denied having a significant history of violence, and was not interested in reviewing his criminal history, institutional history or probation history with Dr. Ramshaw. As noted, he has denied his most serious attacks, and minimized and or justified other attacks. When Dr. Ramshaw tried to discuss his anger issues, and triggers, he tried to redirect the conversation, and denied ever having a problem with anger. He did not believe he was at any risk of future violence. He claimed he suffered from depression and perhaps anxiety. Dr. Ramshaw noted that when someone does not believe they have a problem, it is much harder to treat them - “they think the world should change not them.”

Mr. Hashi also has a 20 plus year history of substance abuse, involving alcohol, cannabis, and cocaine. The only control he has achieved has been during custody, and briefly in the community before leaving Downview Dells. He appears to have very limited insight into his substance abuse, denying or minimizing any issue.

Dr. Ramshaw concluded (at p.58 of her Report):

His lack of significant insight into his difficulties, and his long history of attributing his problems to others, has resulted in a lack of apparent internal motivation to change. In keeping with his past, without significant external controls he would unlikely consistently cooperate with optimized treatment over time.

(7) are there realistic prospects for treating the offender’s mental disorder(s) having regard to relevant factors such as propensity and intractability?

Dr. Ramshaw described Mr. Hashi’s schizoaffective disorder as moderate; in theory it can be treated, but he has never adhered to any treatment or medication on his own, and does not like or want injections, refusing treatment in the past which involved injections. His substance abuse can also be treated, in theory. In theory, his personality can be modified, but he needs to be stable first, and he needs to be committed to the hard work that changing a life-long way of interacting with the world involves. But he does not even recognize that he has an issue with violence or anger, let alone any interest in trying to address his related behaviour.

(8) respecting the predicate offences, is there a lack of insight, failure to accept responsibility, denial and minimization, a lack of empathy for the victim(s), absence of remorse?

As discussed, Mr. Hashi denies committing the predicate offence. In the normal course, this cannot be considered an aggravating circumstance on sentence. It is relevant in the DO context, however, as it is relevant to treatability and risk reduction: R. v. P.G., 2013 ONSC 59 per Code J. at paras.41-48; aff’d on appeal, R. v. Gibson, 2021 ONCA 530 at para.213. As noted, Dr. Ramshaw found he lacked empathy generally.

(9) the circumstances of the offender’s institutional behaviour including in advance of the dangerous offender hearing

Mr. Hashi has an astonishingly dismal record of institutional behaviour. As noted, he has attacked cleaners, psychiatrists, police officers, prison guards and fellow inmates. Anyone who gets in the way of what he wants. This behaviour has continued while awaiting completion of the dangerous offender proceedings: he has accumulated 11 misconducts since entering custody in May of 2020, plus another incident of aggression in December 2020.

(10) what improvements or gains in risk reduction can be expected during a period of custody preceding community release?

I am optimistic that Mr. Hashi could be medicated, treated and stabilized in custody, as he was during his last sentence, which he served at St. Lawrence Valley. The difficulty would be ensuring that he continues to take his medication, and abstains from substance abuse, out of custody and in the community.

(11) has past engagement with community supervision been compliant?

Mr. Hashi has never complied with any period of community supervision. As noted above, since 2006, all his offending has occurred while subject to probation and/or pre-trial release.

Monitoring him in the community is extremely challenging as he is an unreliable historian and provides unreliable self-report. Dr. Ramshaw noted that his inconsistent communication style makes it “very difficult to know what is actually going on”. He also may say and do things “for secondary gain”.

(12) apart from treatment considerations, are there sufficiently available and resourced external controls in the community to adequately protect the public?

It is Dr. Ramshaw’s opinion that Mr. Hashi requires “intense supervision and close psychiatric care with monitoring and support, including daily supervision of medication compliance” forever. The only sentencing option that can provide this is an indeterminate sentence. An LTSO is not intended to, and cannot, provide this level of supervision.

(13) as a factor independent of treatment, is there compelling, not speculative, expert evidence that the offender’s proclivities will significantly decline in the future while falling within the period of a determinate sentence and the term of a LTSO?

Dr. Ramshaw was unable to give a period of time during which Mr. Hashi’s risk will decline. She believed that Mr. Hashi would require supervision for the rest of his life, which is not conducive to a determinate sentence and a fixed term LTSO.

[82] When I consider all the circumstances, I am satisfied that there is no reasonable prospect Mr. Hashi can eventually be controlled in the community, even with a fixed sentence followed by a lengthy LTSO. As a result, I have no choice but to sentence Mr. Hashi to an indeterminate sentence.

[83] I recommend that Mr. Hashi serve his sentence at a CSC RTC (Regional Treatment Centre) so that he can begin the process of treatment and stabilization that may pave the way to his eventual release into the community.

Pre-sentence Custody

[84] As noted at the outset, Mr. Hashi has been in custody since his arrest on May 16, 2020, three years and three months ago. I credit this time at the statutory rate of 1:5 to 1, for a total credit of 4 years and 10 and a half months.

Ancillary Orders

[85] A DNA order pursuant to s.487.051 of the Criminal Code (aggravated assault is a primary designated offence thus a DNA order is mandatory; uttering threats and assault a peace officer are secondary designated offences).

[86] A lifetime weapons prohibition pursuant to s.109 of the Criminal Code.

Victim Surcharge

[87] A discretionary victim surcharge was re-introduced in 2019 in Bill C-75 for offences committed after July 22, 2019.

[88] Mr. Hashi has been institutionalized or on the street for most of his adult life. He relies on ODSP to support himself. He has no means to pay a victim surcharge. In these circumstances, I do not believe it would be appropriate to impose a victim surcharge.

G. ROBERTS, J.

Released: August 14, 2023

APPENDIX A – CRIMINAL RECORD

Mr. Hashi was first charged in 1994. The London Psychiatric Hospital Records note he was charged with assault peace officer some time before being admitted. He was charged in 2003 with mischief and assault with a weapon in relation to an attack on a worker at a boarding house. These early charges appear to have been withdrawn.

Mr. Hashi was charged again in 2006 and 2007 in three different jurisdictions. He left Canada (apparently to avoid prosecution), but was arrested on May 17, 2011 at Pearson Airport when he re-entered Canada (carrying anti-psychotic medication and escorted by police and a psychiatrist). Mr. Hashi pleaded guilty on June 21, 2011 to some of the 2006 and 2007 offences (FTA March 27, 2007 and April 3, 2007; utter threat on December 6, 2006; FTC R between March 26 and April 3, 2007; PPOC January 16, 2007). It was noted that Mr. Hashi suffered from “schizoaffective disorder”, and the matters were adjourned for a psychiatric assessment. Mr. Hashi pleaded guilty to the balance of the 2006 and 2007 offences on September 14, 2011, and was sentenced the same day. It was noted that Mr. Hashi had received medication in jail and understood the problems associated with not taking medication. When asked whether he wanted to say anything before being sentenced, Mr. Hashi said he regretted the offences. He was not himself; he was in a “manic phase” otherwise the offences would not have happened. Defence counsel noted that she had arranged for Mr. Hashi to have a safe bed in the community.

March 6, 2006 – Assault CBH – York RPS – global SS for 2006 and 2007 offences (time serves of 209 days PSC) + 3 years probation + s.109 order + DNA order

Mr. Hashi and the victim were both casual employees at the same taxi company, the victim as a driver and Mr. Hashi as a dispatcher. There was an ongoing dispute regarding Mr. Hashi’s attitude towards the victim and customers; the victim complained Mr. Hashi was rude and used obscene language. During an attempt at mediation by the owner, Mr. Hashi punched the victim several times on the side of his head with a closed fist.

December 6, 2006 – utter threat – Toronto – SS + 3 years probation

Mr. Hashi threatened to kill a person who would not open his door to him.

January 14, 2007 – fraudulently obtaining food and lodging – Toronto PS – SS + 3 years probation

Dishonestly obtaining long distance services from a motel. Mr. Hashi had a voucher to stay in a hotel. The phone was not disabled, and he made long distance calls totaling $84.12 and left without paying.

January 14, 2007 – PPOC – Cobourg OPP – SS + 3 years probation

Mr. Hashi stole a pick up truck on January 14, 2007 at a gas station when the owner stepped out to make a call.

January 14, 2007 – robbery and PPOC over – Peterborough – SS + 3 years probation

Mr. Hashi got into the driver’s seat of a Camry when the owner entered a kiosk at a gas station. When the owner approached the car, Mr. Hashi shoved him and took off (leaving the stolen vehicle at the pump).

January 16, 2007 – PPOC – Toronto PS – SS + 3 years probation

March 25 to April 3, 2007 – FTC w/ R – Toronto PS – 3 years probation

Mr. Hashi failed to report to the Bail Program, or reside at the required address.

March 27, 2007 – FTA x2 – Toronto PS – SS + 3 years probation

April 3, 2007 – FTA – Toronto PS – SS + 3 years probation

April 30, 2007 – Theft over – Toronto PS - SS + 3 years probation

Mr. Hashi stole a motor vehicle

April 30, 2007 – FTA – Cobourg OPP – SS + 3 years probation

March 18, 2012 – theft of motor vehicle – Kitchener – 30 days jail + 24 days PSC

Theft of motor vehicle belonging to a Pizza Pizza worker who left his vehicle unlocked and running in lane outside store while he finished closing. April 10, 2012 [No transcript; information and synopsis only]

May 28, 2012 – assault x2 – Toronto - SS + 2 years probation, attaching previous report prepared by CAMH

Assaults on two peace officers during court transport. Mr. Hashi swung at one, kicking the handcuff key out of his hand after one of his handcuffs was removed, and yelled and spat on both. Guilty plea on June 14, 2012. Defence noted that there was no issue with fitness, but Mr. Hashi was manic depressive and defence counsel had arranged for Mr. Hashi to go directly to CAMH after the plea.

June 24, 2012 – FTC w/ P – Toronto - SS + 2 years probation

Mr. Hashi kicked a police officer who was investigating him, breaching his condition of probation to KPBGB. He pleaded guilty on April 4, 2014

June 26, 2012 – assault a peace officer – Toronto – SS +19 days PSC + 2 years probation.

After a court appearance, Mr. Hashi spat at one of the court officers through an opening in his cell, striking him in the face and eye. He pleaded guilty on April 4, 2014. During the sentencing proceedings it was noted that Mr. Hashi had a “current diagnosis of schizoaffective disorder”, and had a fitness assessment shortly after the incident, was found fit and then released shortly after. He was re-arrested in February on other charges (domestic assault). Prior to being sentenced, Mr. Hashi explained that the spitting was not intentional, but he lost control due to his mental illness. He described the hardships he had been subjected to in custody.

December 23, 2012 – FTC w/ P x2 – Toronto – SS + 12 months probation

Failed to comply with conditions to KPBGB and not attend at a particular location. December 24, 2012. [No transcript; information and synopsis only]

October 3, 2013 – assault – Toronto –SS + 46 days PSC + 1 year probation

Domestic assault on former girlfriend. Mr. Hashi got angry when his former girlfriend asked him to leave her apartment and pushed her onto the couch and held her head down. She was able to break free and leave and call the police. She was not injured. Mr. Hashi pleaded guilty on April 14, 2014

November 30, 2015 – utter threats x2, fraudulently obtain transport – Toronto – SS + 6 month PSC + 24 months probation

Mr. Hashi took a taxi. When the driver asked for the fare, Mr. Hashi threatened to shoot him: “I have a gun, I’ll blow your mind”. When the police found Mr. Hashi hiding nearby in the alcove of a building, he threatened to shoot them, and told them he was armed with a bomb. He was not. The ETF negotiated a surrender for three hours and eventually used a conduct energy weapon, and took Mr. Hashi to William Osler Hospital for treatment. Mr. Hashi was assessed for NCR, and found sane. [Transcript of sentencing proceedings only from May 24, 2016; but we have the information and synopsis, and the facts were reviewed by Justice Maxwell in her reasons for sentence from June 5, 2019.] At the sentencing, defence counsel submitted that Mr. Hashi wanted treatment, but he did not want probation because it would prevent him visiting his wife and family in the UK. When the judge disagreed, Mr. Hashi explained that he had researched the matter. The judge explained that there was a mental health worker in the court room who was going to help with a plan (pointing out the worker), and that Mr. Hashi he could come back to court and adjust the probation once the plan was working. Mr. Hashi responded that he was suffering, claiming he had been hurt in custody, and asked that the charges be dismissed rather than punish him more.

August 18, 2016 – Assault CBH; FTC P – Toronto – 8 days + 47 days PSC (credited as 71 days)++ 18 month probation

Mr. Hashi attacked a cleaner at CAMH several times, causing swollen eyes and a broken nose. The victim had found cigarettes in Mr. Hashi’s room, and confiscated them, as they were not permitted. A few weeks later, on August 18, 2016, she asked him to leave his room while she cleaned it, but he quickly returned and punched her repeatedly with a closed fist until she managed to activate the alarm and Mr. Hashi was restrained by other staff. The victim suffered a broken nose, ringing in her ears and a torn-up mouth. She continued to suffer from headaches and had difficulty sleeping. She had worked at CAMH for 25 years but was too afraid to go back. The attack also amounted to a breach of the condition of probation to KPBGB. Mr. Hashi pleaded guilty on October 3, 2016 and received 60 additional days, which was subsequently decreased to 8 additional days on appeal. Prior to being sentenced, Mr. Hashi noted he had been starved, beaten and injured in custody. He said he was sorry he hurt “that person” but added that she stole $200 from him and was not supposed to go into his room and search his room. He explained that he never intended to do that.

December 2, 2016 – Assault; FTC P x2 – Toronto – SS + 80 days PSC (credited as 120 days PSC) + 3 years probation

Mr. Hashi attended an employment agency and asked for payment for work he did not do. When his request was refused, he punched the victim in the face several times. The victim suffered minor injuries to his lip, forearm and hip. Sentenced June 7, 2017

March 4, 2017 – Assault peace officer – Toronto – 1 day + 45 days PSC

Mr. Hashi covered his cell window at the TSDC, contrary to rules. When he refused to remove the covering, or respond, staff opened the cell hatch to try and communicate with him but could not see him. Staff then bent over to see through the hatch at which time Mr. Hashi threw feces and urine at their bodies and faces. Mr. Hashi pleaded guilty and was sentenced on June 7, 2017.

August 14, 2017 – assault CBH; FTC P – Toronto – 12 months less PSC (134 days PSC credited at 201 days leaving 164 days to serve) + 2 years probation

When Mr. Hashi was told that he was going to be discharged from CAMH by a psychiatrist, Dr. Ballou, he told her “I don’t have a home”. She told him he could go back to the shelter on Peter Street and offered him TTC tokens. Mr. Hashi became agitated and kept asking why he was being discharged. Before she could answer, he leapt across the table and started punching her in the face. A program assistant present had to physically pull Mr. Hashi off the doctor to stop the attack. The doctor suffered two fractures to her orbital bones and nerve damage to her face. She also suffered a concussion, and experienced on-going numbness and tingling, changes in her mood, sleep patterns, and level of concentration. At the time of sentencing, she was still suffering on going emotional distress and had a scar on her face. Mr. Hashi was found guilty after a trial. Dr. Julian Gojer, retained by the defence, noted that this was Mr. Hashi’s third assault on a CAMH staff member in the last few years, and concluded that “His assaults have been when his wishes or needs are not met or when he feels he is being disrespected”. Mr. Hashi was sentenced on June 5, 2019, at which time he also pleaded guilty to the February 2, 2019 charges (which included failing to appear for his sentencing in relation to this attack on Dr. Ballou). Justice Maxwell recommended that Mr. Hashi served his sentence at the St. Lawrence Valley Treatment Centre, and expressed the hope that he use the probation to “work toward more effective management of his health and his social problems”.

June 9, 2018 – Assault peace officer CBH; assault; FTC P – Toronto – $50 + 120 PSC (credited as 180 days)

Mr. Hashi pushed and spit on a security officer who would not let him enter a restaurant due to inebriation. The police were summoned. When one of the officers placed her hand on him to escort him out, he initially pretended to comply and then punched her on the left side of the face, broke free and started to run away. The officer suffered a fractured nose, a cut and swelling to her nose and face. Pleaded guilty on October 11, 2018.

August 23, 2018 – utter threats x2 – Toronto – 1 day +16 days PSC (credited for 24 days)

While Mr. Hashi was in custody at the TSDC, he became angry when the phone calls he was trying to make did not go through and he was told the phone would go to the next person in line. He grabbed the telephone from the social worker who had been facilitating the calls and told her to get the fuck out of here. When two correctional officers subsequently followed up on the incident and told Mr. Hashi he would be moved into lock down as a result, he lunged toward them and yelled “I’m not going without a fight”. The correctional officers used spray foam and Mr. Hashi backed down. Later, when one of the correctional officers was doing a tour of the unit, Mr. Hashi yelled “I will kill you, asshole; black lives matter”. Mr. Hashi then threatened to kill another officer (not involved in early incident). Mr. Hashi yelled “I have an AK-47 in my closet, in a box with 17 rounds. I will return to the jail to shoot both of you and anyone in front of me downstairs.” Later Mr. Hashi added "You're going to need an army around you outside. I will blast your brains out; mark my words." Later in the evening when one of the officers asked Mr. Hashi if he wanted his medication, Mr. Hashi yelled “You’re a fucking idiot.” and made a gun symbol with his left hand and yelled “Bang.” Mr. Hashi pleaded guilty on October 22, 2018.

October 31 to December 20, 2018 – FTC P – 30 days + 2 years probation

Failure to report as required. Sentenced July 8, 2019. [No transcript; just a synopsis.]

February 2, 2019 – utter threats; FTA; FTC - P – Toronto – 60 days jail (consecutive to sentence for assault cause bodily harm of Dr. Ballou) + 2 years probation.

Mr. Hashi became agitated and angry with staff inside a clothing store. When they removed a steak knife from his jacket when he placed it on the counter, he became even more enraged and said to one of the staff “I have a Glock in my footlocker. I’m gonna come back and shoot you”. He then turned to two other staff members and said “I’ll kill all of you”. He repeated this before leaving the store, returning, and refusing to leave until police arrived. He also pleaded guilty to failing to appear for a sentencing, and failing to report as required by one of his probation orders. He pleaded guilty on June 5, 2019 and was sentenced at the same time.

May 11 and 16, 2021 – Aggravated assault; utter threat; assault police

The index offences, described above (under circumstances of the offence).

December 15, 2021 – Mischief under – Toronto – 1 day + 30 days of PSC should be attributed to this offence

Mr. Hashi jumped up and struck a TV with an open hand causing the screen to crack. He was on his way back to his cell after a video court appearance. Mr. Hashi was upset because he was unable to shower that day. Mr. Hashi pleaded guilty on January 28, 2022.

COURT FILE NO.: CR-21-10000146-0000

DATE: 2023/08/14

ONTARIO

SUPERIOR COURT OF JUSTICE

HIS MAJESTY THE KING

– and –

ABDIASSIS HASHI

REASONS FOR JUDGMENT

G. ROBERTS, J.

Released: August 14, 2023