A man found not criminally responsible for repeatedly stabbing a teenager he did not know at a Toronto Tim Hortons has been granted an absolute discharge.
Kashane Daley, now 36, was a passenger in his mother’s car on Aug. 31, 2018, as it entered the coffee chain’s drive-through, according to a recent decision from the Ontario Review Board (ORB).
“Mr. Daley exited the vehicle, entered the restaurant and pulled out a knife. He put the (16-year-old) victim in a headlock and stabbed him multiple times about the neck, left chest, and right arm. Mr. Daley then took the victim’s iPad, returned to his mother’s car, advising her that he had been stabbed. His mother drove him to a hospital to be treated,” said the decision.
“The victim and Mr. Daley were strangers to each other. The incident was captured on surveillance video. When fleeing the restaurant, Mr. Daley dropped his wallet, containing his identification, at the scene.”
When police tracked him down at the hospital, they found the stolen iPad in a men’s washroom.
The teen victim “sustained lacerations to the left and right side of his neck, two lacerations to his stomach and abdominal area, and two lacerations, one to the elbow and a second to the bicep of his right arm,” said the decision. “The victim underwent surgery to repair lacerations to his liver and diaphragm. He sustained extensive bleeding. He remained in the hospital for eight days.”
In October 2020, Daley, who has been diagnosed with schizophrenia, was found not criminally responsible on account of a mental disorder on charges of aggravated assault and failing to comply with his probation.
During a hearing this spring at Ontario Shores for Mental Health Sciences in Whitby, Ont., lawyers for the hospital, the province’s attorney general and Daley took the position that he “is not a significant threat to the safety of the public and submitted he be granted an absolute discharge.”
The independent tribunal that regularly reviews the status of individuals found not criminally responsible due to mental disorder agreed. “The necessary and appropriate disposition is to grant Mr. Daley an absolute discharge.”
Daley was born in Jamaica “and immigrated to Canada with his family at the age of nine or ten,” said the May 1 decision. “His father moved to the United States before he was born. He never met his father, who was reportedly murdered in 2011. Mr. Daley and his sister were raised by his mother and grandmother.”
Daley was diagnosed with a learning disability at age 13, said the decision. “He exhibited behavioural problems in school, was involved in fights, and was habitually truant, which resulted in numerous suspensions. Mr. Daley left school in grade 11. He later graduated from high school at age 19 while in custody.”
Daley’s “substance and alcohol use was significant, problematic, and exacerbated his diagnosis of schizophrenia,” said the decision.
He “began using marijuana at age 10. By age 14, he was using one gram daily. He intermittently smoked marijuana, quit, and then resumed use prior to the” Tim Hortons stabbing.
“Daley reported that marijuana use increased his paranoia.”
When Daley went to the hospital in July 2016 about “symptoms of depression, anxiety, and possible psychosis,” he reported to be drinking 40 ounces of rum and 15 beers every week, and smoking 2-3 grams of cannabis “daily, beginning at age 14,” said the decision.
“The clinician opined that Mr. Daley’s symptoms were likely induced by substance abuse. His diagnosis in part included a cannabis-induced psychotic disorder; cannabis use disorder, severe; and alcohol use disorder, severe.”
Daley has “an extensive criminal record” including 28 convictions between 2013 and 2018 for robbery, theft under $5,000, uttering threats, assault with a weapon, failing to comply with release conditions, break and enter, and narcotics possession.
At the time of the Tim Horton’s stabbing, “Daley reported experiencing visual and auditory hallucinations,” said the decision.
He’d been living in an apartment with his grandmother, “but left because he felt threatened by people in her apartment building. He then lived on the streets for several weeks, sleeping in his car.”
Daley reported hearing “voices threatening to kill him and he felt threatened when he claimed he saw a man holding an AK-47.”
Three days before the Tim Hortons stabbings, police took Daley to hospital under the Mental Health Act, said the decision, which notes he was “assessed and released.”
Daley reported hearing the teen he stabbed “threatening to kill him,” said the decision.
He left the restaurant at the time, but returned later. “Voices were telling him the victim was present and waiting to kill him. Mr. Daley brought a knife to defend himself. He then attacked the victim slashing him with the knife.”
Daley now lives at “a group home where minimum supports are provided,” said the decision, which notes he gets daily check-ins and rides to the grocery store.
He didn’t have to change medications or be admitted to hospital in the past year, said the decision.
“Mr. Daley has remained pleasant and cooperative with staff at Ontario Shores and the group home. He consistently adhered to rules, his treatment plan, and to any suggestions made by the treatment team.”
He’s “maintained his employment as a dishwasher at a local restaurant where he has worked four days a week for the last five years. He is considered to be a valuable employee,” said the decision.
“He spends significant time studying at a community college, enrolled in a plumbing program. He expects to graduate in May 2026, at which time he will seek an apprenticeship with an experienced plumber.”
None of Daley’s urine samples collected in the past year showed signs of alcohol or drug use, said the decision.
Daley has a history of not taking his medications, “not following up with recommended psychiatric supports, and limited engagements with programming,” said the decision.
It notes his “legal history is notable for multiple convictions related to” failing to comply with release orders.
But his “presentation with respect to these risk factors has markedly improved,” since he came under the review board’s supervision, said the decision.
“He appears to have been adherent to medication while under ORB and to have engaged meaningfully in a variety of therapeutic programs. Furthermore, he has been generally compliant with supervision.”
Daley’s “violence is considered manageable” without any conditions from the ORB, said the decision, which notes he “has engaged in relevant therapeutic programming aimed at learning coping strategies and skills to promote healthy relationships and demonstrates strong verbal understanding of these skills.”
The board didn’t anticipate any “future difficulties with medication” after Daley was discharged.
“Overall, Mr. Daley presents with a low risk for future general and sexual violent re-offending.”
The panel found that Daley “does not presently represent a significant threat to the safety of the public.”
Daley was in a psychotic state on the day of the Tim Hortons attack, said the decision.
His psychiatrist testified that Daley “has had a fabulous year,” and “remains psychiatrically stable, compliant with antipsychotic medication (clozapine), and continues to attend school and work. He has not presented with aggression or disorganized behaviour. He has developed insight into healthy relationships and past behaviours.”
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