Cheryl Dianne Gzik

The Ontario Review Board conducted an annual review for an accused previously found not criminally responsible for aggravated assault.

The treatment team and all parties jointly submitted that while the accused continues to pose a significant threat to public safety due to schizophrenia and substance use disorders, his risk could now be managed in the community.

The Board accepted the joint submission, noting the accused's progress, medication adherence, and successful transition to supported housing, and granted a Conditional Discharge subject to conditions including abstaining from intoxicants and residing in supported accommodation.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for uttering threats.

The accused, who has schizophrenia, an intellectual disability, and antisocial personality disorder, had a history of violence and non-compliance.

The Board found that the accused continues to pose a significant threat to public safety.

Accepting a joint submission, the Board ordered the continuation of the Detention Order but granted additional indirectly supervised hospital and grounds privileges, as well as accompanied community passes, to support his gradual rehabilitation.

The Ontario Review Board conducted a hearing to review the restriction of liberty imposed on the accused, who had previously been found not criminally responsible for assault offences.

The accused was readmitted to the hospital after exhibiting bizarre and grandiose behaviour at his annual hearing and submitting an inappropriate letter, which indicated an increase in his risk to public safety.

The hospital initiated a change in his antipsychotic medication to Clozapine, which required close monitoring due to his specific medical conditions.

The Board concluded that both the initial and ongoing restrictions of liberty were necessary, appropriate, and the least restrictive interventions available to manage his risk and ensure his safety during the medication transition.

The Ontario Court of Justice found Wilfredo Martinez-Calderon guilty of criminal harassment under s. 264(2) and (3) of the Criminal Code for conduct towards a 13-year-old complainant.

The defendant approached the complainant at a bus stop, offered her a ride, and after refusal, watched her until she boarded a bus, then followed the bus in his car.

The court accepted the complainant’s credible testimony and video evidence, rejecting the defendant’s explanation and credibility.

The decision clarifies the application of mens rea and actus reus in criminal harassment, emphasizing an objective standard for threatening conduct and recklessness or willful blindness regarding the victim’s fear.

The accused, who was previously found not criminally responsible, appeared before the Ontario Review Board for a restriction of liberty hearing.

Following an altercation with a co-resident at his group home, the hospital admitted him, significantly restricting his liberty.

The Board found that the hospital's decision was warranted and represented the least onerous and least restrictive course available, as the accused had nowhere else to live and was dysregulated.

The restriction of liberty was upheld.

The accused, previously found not criminally responsible for assault with a weapon and forcible confinement, appeared before the Ontario Review Board for an early hearing.

He had been diagnosed with Bipolar 1 Disorder and Cannabis Use Disorder.

The hospital, Crown, and accused jointly requested a Conditional Discharge.

The Board accepted the joint position, noting the accused's significant progress, medication adherence, negative urine screens, and strong family support.

A Conditional Discharge with conditions was ordered.

The Ontario Review Board conducted an annual review of the Disposition for an accused found not criminally responsible for two counts of second-degree murder.

The hospital recommended continuing the detention order with additional privileges for indirectly supervised community access, which the accused supported but the Crown opposed.

The Board found that while the accused remains a significant threat to public safety, his progress in treatment warranted cautious reintegration.

The Board ordered the continuation of the Disposition with the requested community passes, restricting vocational access in Southern Ontario to a 50 km radius.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for break and enter and aggravated assault.

The accused, diagnosed with Bipolar I Disorder with Psychotic Features, had remained generally stable in the community but exhibited a lack of motivation and disengaged from therapeutic counselling.

The Board found that the accused remains a significant threat to the safety of the public and ordered the continuation of his conditional discharge, with modifications to remove the treatment clause and reduce reporting frequency to monthly.

The Ontario Review Board conducted an annual review hearing for the accused, who was previously found not criminally responsible for uttering threats and mischief.

The accused is diagnosed with schizoaffective disorder and cannabis use disorder.

While the accused has been compliant with treatment and has shown improvement, the Board found that he continues to pose a significant threat to public safety due to his limited insight, history of substance use, and the potential for decompensation in the community.

The Board ordered the continuation of the existing Detention Disposition with the addition of non-contact and non-attendance conditions regarding the victim.

The accused was found not criminally responsible for break and enter, assault, and forcible confinement.

At the initial disposition hearing, the Ontario Review Board considered whether the accused posed a significant threat to public safety.

The hospital and the Crown recommended a detention order, while the self-represented accused, assisted by amicus, sought a conditional discharge.

The Board accepted expert evidence that the accused lacks insight into his schizophrenia, has a history of medication non-compliance and substance abuse, and requires a thorough assessment.

The Board concluded that the accused remains a significant threat to public safety and imposed a detention order with conditions, including a prohibition on contacting the victim.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for two counts of assault.

The accused, diagnosed with Delusional Disorder and substance use disorders, had recently been discharged to a supported residence in the community and was progressing well.

However, relying on the attending psychiatrist's evidence, the Board found that the accused continues to pose a significant threat to public safety due to underdeveloped insight and a high risk of decompensation without Board oversight.

The Board ordered the continuation of the existing Detention Disposition, finding a Conditional Discharge premature.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for arson.

The accused, diagnosed with delusional disorder, recently began receiving antipsychotic medication after exhausting appeals regarding his incapacity for treatment.

The Board accepted psychiatric evidence that the accused lacks insight into his illness and would likely discontinue medication if discharged, leading to decompensation and increased risk of violence.

The Board concluded the accused continues to pose a significant threat to public safety and ordered the continuation of his detention disposition with a minor amendment to his privileges.

The Ontario Review Board held a hearing to review restrictions of liberty imposed on the accused, who was previously found not criminally responsible for assault with a weapon, and to consider the hospital's request to transfer him to a high-security facility.

The accused had assaulted a co-patient and several staff members, resulting in his placement in seclusion and locked rooms.

The Board found that the restrictions of liberty were necessary and appropriate to protect patients and staff.

The Board also ordered the accused's transfer to the Waypoint Centre for Mental Health, concluding that the current medium-security hospital lacked the specialized dual-diagnosis resources and security required to manage his complex mental disorders and significant risk to public safety.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder and failure to comply with a probation order.

The accused, diagnosed with schizoaffective disorder, did not attend the hearing.

The Board found that the accused continues to represent a significant threat to the safety of the public due to ongoing psychotic symptoms, lack of insight, and treatment incapability.

The Board ordered the continuation of the current detention order at the hospital without change to its terms.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for assault with a weapon and aggravated assault.

The accused had been living in the community under a conditional discharge, maintaining full compliance with treatment, sustained abstinence from substances, and full-time employment.

The hospital, the accused, and the Attorney General jointly submitted that the accused no longer posed a significant threat to public safety.

The Board agreed, finding that the accused's schizophrenia was well-managed with no active psychotic symptoms, and granted an absolute discharge.

The accused, previously found not criminally responsible for manslaughter, appeared before the Ontario Review Board for a mandatory review hearing.

The Board found that the accused continues to represent a significant threat to the safety of the public due to a diagnosis of schizophrenia, a history of non-adherence to medication, and a fragile mental state.

The Board ordered the continuation of the detention order, concluding that a conditional discharge would not provide the necessary monitoring to manage the accused's risk in the community.

The Ontario Review Board conducted a mandatory annual review of the accused's disposition.

The accused, who was previously found not criminally responsible for weapons and assault offences, sought an amendment to his conditions to permit cannabis use.

The Board found that the accused continues to represent a significant threat to public safety due to his schizophrenia and history of substance abuse.

Relying on psychiatric evidence that cannabis use increases the accused's paranoia and risk of aggression, the Board dismissed the request and ordered the continuation of the current detention order without change.

The Ontario Review Board conducted an annual review and a restriction of liberty review for an accused found not criminally responsible for threatening to burn property, dangerous operation of a motor vehicle, and assault.

The accused, who has schizophrenia and a history of substance use, was readmitted to the hospital after a breach of his disposition.

The Board found that the accused continues to represent a significant threat to public safety.

The Board ordered the continuation of the detention order but amended the conditions to permit the use of cannabis obtained from licensed dispensaries, accepting the treatment team's opinion that this would allow for safe monitoring of his mental state.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused, who has treatment-resistant schizophrenia, was previously found not criminally responsible for possession of a weapon for a dangerous purpose and aggravated assault of a peace officer.

The parties jointly submitted that the detention order should be maintained with minor changes to privileges.

The Board accepted the joint submission, finding that the accused continues to represent a significant threat to the safety of the public and that a detention order remains the necessary and appropriate disposition.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for assault.

The accused, diagnosed with schizoaffective disorder, had been stable in hospital but struggled with a transition to supported community housing.

The Board accepted uncontradicted psychiatric evidence that the accused remained a significant threat to public safety due to ongoing delusional ideation and a history of medication non-compliance.

The Board maintained the detention order but removed a previous restriction on the accused's communication with his mother, finding it no longer necessary.