Ontario Review Board
Re: Adrian Wisniewski
ORB File No: 7748
Hearing held on: Monday, October 6, 2025
Place of hearing: Centre for Addiction and Mental Health 1001 Queen Street West, Toronto
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. L. Cappe Dr. C. Rose Hon. C. Nelson Mr. J. Cyr
Parties Appearing:
Accused: Adrian Wisniewski Counsel: Ms. S. Feldman
Person in charge of the Hospital: Representative: Dr. R. McMaster
Attorney General of Ontario: Counsel: Ms. A. Stanford
REASONS FOR DISPOSITION
(Dated October 29, 2025)
Introduction:
On June 22, 2020, Adrian Wisniewski was found not criminally responsible (“NCR”) on account of mental disorder on a charge of attempted murder, contrary to the Criminal Code of Canada (“Criminal Code”). Mr. Wisniewski is currently subject to the terms and conditions of a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated October 2, 2024, detaining him at the Forensic Service of the Centre for Addiction and Mental Health (“CAMH” or the “hospital”), in Toronto, subject to a variety of terms and conditions, up to, and including the privilege that he live in the community of Southern Ontario in accommodation approved by the person in charge of the hospital and that he report to the person in charge of the hospital, or his/her designate, not less than once per month. The Disposition also requires that he refrain from contact or communication, direct or indirect, with Jonathan Michalaki-Gonzalez, Victor Mazzuca, and Filippo Di Leo.
On October 6, 2025, a panel of the ORB convened at CAMH in order to hold a hearing to review Mr. Wisniewski’s current Disposition pursuant to s.672.81(1) of the Criminal Code of Canada. Mr. Wisniewski was present at the hearing and was represented by his counsel, Ms. S. Feldman.
The issues to be decided at this hearing were whether Mr. Wisniewski poses a significant threat to the safety of the public and, if so, the determination of the necessary and appropriate Disposition and conditions to be attached to that Disposition, having regard to the criteria set out in s.672.54 of the Criminal Code of Canada.
For the reasons set out below, the Board concluded that Mr. Wisniewski continues to pose a significant threat to the safety of the public and that the least onerous and least restrictive Disposition remains a Detention Order with privileges up to and including living in the community on the terms of his existing Disposition. There will be one addition to his Disposition being a travel pass for up to 14 days, to travel outside of Canada, accompanied by a person approved by the person in charge of the hospital (“PIC”) upon first obtaining approval of his itinerary by the PIC.
Index Offence:
- The circumstances giving rise to the index offence are set out in detail in the Hospital Report to the ORB dated September 13, 2025 (the “Hospital Report”) which was entered as Exhibit at the hearing, as follows:
“The accused WISNIEWSKI and victim #1 MICHALAKI-GONZALEZ are known to each other and were childhood friends. The witnesses MAZZUCA and DI LEO are also friends with the victim and the accused.
On the evening of September 14th, 2019, WISNIEWSKI, victim #1 MICHALAKI
-GONZALEZ, victim #2 MAZZUCA and victim #3 DI LEO were all hanging out together.
The four parties all took the TTC Subway to Spadina Avenue West and Bloor Street West, in the City of Toronto. The four parties were walking around and trying to find something to eat.
WISNIEWSKI and victim #1 were walking side by side and the accused pulled a knife from his front near his waistband. WISNIEWSKI grabbed the victim’s head to his chest and used the knife to cut a large transverse laceration across his neck. The full length of this wound was nearly 4.5 inches.
Mr. Gonzales began to run away and WISNIEWSKI chased after him. Mr. Gonzales slipped on some pebbles and fell to the street, whereupon WISNIEWSKI got on top of him and repeatedly stabbed at his stomach and chest with the knife. The victim struggled to defend himself against the barrage of stabbing motions, and as a result, suffered numerous lacerations to his hands. The victim managed to deflect and block many of WISNIEWSKI’s stabs to the centre of his body, suffering further wounds to his armpit, shoulder, lats, arms and back.
WISNIEWSKI then used the knife to cut Mr. Gonzales’ pant pocket to take his car keys, cutting through the pants into the victim’s leg. WISNIEWSKI then took off running with the knife in his hand.
Victim #2 and Victim #3 called 911 and offered first aid to victim #1. DAS attended the scene and transported victim #1 to St. Michael’s hospital.
WISNIEWSKI was located in Mr. Gonzales car. He was arrested.
In addition to the large neck wound, Mr. Gonzalez also suffered twelve stab wounds through-out his back, torso, wrist, arms and upper thigh.
These wounds were treated in hospital and he was released on September 18th, 2019, however he returned a week later for surgery so doctors could try to repair all the tendons and ligaments in his hands. The first surgery took over 10 hours to complete, after which the medical team advised it would be a very long recovery for Jonathan.
Surgeons advised he will have to undergo further operations over the next two years to try to retain his mobility to any semblance of what it used to be.
WISNEWSKI remained in custody. At the time of his arrest, he had not been diagnosed with any mental illness. He voluntarily saw the Forensic Early Intervention Service (FEIS) team at the Toronto South Detention Centre on September 26th, 2019. He began voluntarily taking anti-psychotic medication, as well as anti-depressants.”
Personal Background:
Mr. Wisniewski’s personal background, legal and psychiatric history are outlined in detail in the Hospital Report and need not be repeated at length here. We have also adopted and relied upon last year’s ORB Reasons for Disposition. Briefly summarized, Mr. Wisniewski is a 26-year-old single man. He was born in Canada and has no dependents. Prior to his arrest for the index offence, he had been residing with his parents, two sisters and a nephew in a rented three-bedroom apartment located in Toronto. He was working full-time at a metal shop, operating a forklift. He identifies as a practicing Catholic.
According to his self-report, Mr. Wisniewski stated that he had been diagnosed with a learning disability at a young age. He completed high school and then attended the HVAC program at Humber College for approximately one week, but then dropped out.
Mr. Wisniewski began working at the age of 16. He initially worked at the Real Canadian Superstore as a seafood clerk for approximately one year but later briefly transitioned to work in construction. He held a variety of other short-term jobs. In 2019, he began working again as a forklift operator at a metal work company. His employment reportedly ended following his arrest.
In terms of substance use, Mr. Wisniewski informed that he began abusing marijuana from the age of 13. His use subsequently increased between the ages of 13 and 18 and he would consume up to two grams each day. Over the course of approximately two years prior to his arrest, he self-reported smoking daily.
Mr. Wisniewski began drinking heavily from as young as age 15. He denied ever being admitted to hospital as a consequence of his alcohol consumption. He self-identified as an alcoholic and advised he had attempted to reduce his alcohol intake just prior to his arrest. Mr. Wisniewski also used cocaine on two occasions, the first of which was when he was 19. He denied any other history of illicit substance abuse. He never engaged in intravenous drug use. He never used crystal meth.
Criminal History:
Mr. Wisniewski denied any charges as a young offender.
Toronto Police Services identify a motor vehicle accident that Mr. Wisniewski was involved in (and responsible for) on Monday 2 September 2019. As per collateral information collected from Toronto Police Services, Mr. Wisniewski has no prior criminal record.
Psychiatric History:
- Mr. Wisniewski informed that he had been seen by a psychologist in and around February 2019. He was not subsequently seen by any other mental health professionals prior to the index offence. He denied any admissions to hospitals for psychiatric reasons. He denied ever having been suicidal or engaging in any suicidal gestures.
Current Diagnoses:
- Mr. Wisniewski’s current diagnoses are:
Schizophrenia;
Cannabis Use Disorder; and
Alcohol Use Disorder.
Positions of the Parties:
Dr. R. McMaster, the hospital’s representative, submitted that Mr. Wisniewski continued to represent a significant threat to public safety and that the necessary and appropriate Disposition was a continuation of his existing Detention Order at the Forensic Service at CAMH with privileges up to and including community living.
Counsel for the Attorney General supported the hospital’s recommendations.
Ms. Feldman also supported the hospital’s recommendation; however, she requested that her client’s existing Disposition be augmented by including a travel pass for up to 14 days, to travel outside of Canada, accompanied by a person approved by the hospital upon first obtaining approval of his itinerary by the PIC. Counsel advised in submissions that the request to extend the geographic area of Mr. Wisniewski’s travel pass was to allow him to travel with his parents (who are Approved Persons) to visit with extended family members in Poland.
In closing submissions, all parties maintained their respective initial recommendations to the Board and both the hospital and the Crown endorsed the inclusion of an international travel pass on the terms requested by Mr. Wisniewski’s counsel. As a result, the Board was presented with a joint submission.
Evidence at Hearing:
The evidence at this hearing consisted of the Hospital Report as well as the viva voce evidence of Dr. B. Robertson, a senior psychiatry resident working under the supervision of Dr. R. McMaster. The doctor adopted the contents of the Hospital Report and indicated there were no updates thereto other than Mr. Wisniewski is now enrolled in an employment program to assist him in skill-building in order to improve his ability to become employed in the community.
The Hospital Report indicates that following his NCR finding in June 2020, Mr. Wisniewski was admitted to the Forensic Assessment & Triage Unit at CAMH pursuant to a Warrant of Committal. Following his initial ORB hearing on July 29, 2020, he was transferred in January 2021, to Forensic Secure Unit B. He was later transferred to a General Forensic unit on March 25, 2021. He remained on that unit until being discharged to reside with his parents in their home the community on December 15, 2021. When living in the community, Mr. Wisniewski was initially followed by Dr. Choptiany and the Forensic Outpatient Service (“FOPS”).
On August 3, 2023, Mr. Wisniewski was readmitted to CAMH following a urine drug screen (“UDS”) that returned positive for cannabis. Mr. Wisniewski did not evidence signs of psychosis on admission and did not present as a management challenge. His urine toxicology screens were negative throughout his admission. He met with FORCAT therapist, Ms. D. Johnson, for individual Substance Relapse Prevention counselling.
He was discharged back to his parents’ residence on October 12, 2023. Mr. Wisniewski was readmitted to hospital on January 15, 2024 due to substance use. He had purchased cannabis, edibles, and psilocybin-containing mushrooms. He was admitted to the hospital for risk assessment and to interrupt any possible escalation of his drug use. As well, the team thought he required alternative community housing.
Following last year’s annual ORB hearing, Mr. Wisniewski remained in hospital until he was discharged from CAMH to TRHP2 housing on November 11, 2024. The doctor advised that TRHP2 housing is transitional housing and the usual trajectory is that residents will be transitioned to less supervised TRHP1 housing where residents have more independent living in units, somewhat akin to a bachelor apartment. Currently, Mr. Wisniewski resides in his own TRHP2 unit but he shares common areas with other residents. To date, there have been no management concerns at his housing and Mr. Wisniewski settled in well. Dr. Robertson testified that as TRHP2 is transitional housing, it is anticipated that he will be moved to TRHP1 housing over the course of the upcoming year, which is indicative of his continued progress on his path to independent living.
In response to a question posed, Dr. Robertson stated that Mr. Wisniewski no longer expresses his desire to return to live in his family’s home. The doctor noted that Mr. Wisniewski has somewhat of a conflictual relationship with his parents, particularly with his father who at times engages in considerable alcohol consumption. The doctor opined that living in his parents’ home would exacerbate Mr. Wisniewski’s risk of violence as he would likely be exposed to considerable stressors.
Mr. Wisniewski is assessed as capable to consent to treatment for his psychiatric illness and he receives a long-acting injection (“LAI”) of an antipsychotic medication, Aripiprazole, every four weeks. With treatment, Mr. Wisniewski denies experiencing psychotic symptoms and denies suicidal or homicidal ideation or thoughts. He does not report any delusions but acknowledged experiencing “…ongoing residual auditory hallucinations, but these were of minimal intensity, stress-induced, and transient. They were not commanding in nature.”
In response to question posed by a panel member, Dr. Robertson indicated that he believes Mr. Wisniewski is sufficiently treated at this time. Although he does experience residual symptoms, he reports that they were not bothersome to him and, objectively, they do not drive his behavior.
Mr. Wisniewski is negatively impacted by a variety of stressors, including his father’s issues with alcohol, conflicts with other family members, financial stressors, his status under the ORB, and his loss of many social connections following the index offence.
Mr. Wisniewski remained abstinent from alcohol and substances of abuse over the reporting period. Dr. Robertson stated this is very positive and is a considerable accomplishment for Mr. Wisniewski. He continued with 1:1 counselling for substance use through FORCAT. Mr. Wisniewski acknowledged experiencing cravings to use substances, particularly while experiencing heightened stressors; however, he has remained abstinent. The team will continue to closely monitor Mr. Wisniewski and use frequent and random urine drug screens to verify his abstinence.
In terms of insight, Mr. Wisniewski demonstrates fair insight into his illness, need for treatment, and risk of future violence with regards to his schizophrenia and his substance use disorders (alcohol and cannabis). As well, Dr. Robertson and the treatment team appreciate that Mr. Wisniewski has been more transparent with them in terms of advising of his experience of residual symptoms
To his credit, Mr. Wisniewski did not engage in any violence over the past reporting year. The Hospital Report indicates that he engaged in impulsive credit card spending and incurred significant debt, which he is in the process of repaying.
Mr. Wisniewski completed the Youth Employment Program through the CMHA as well as WHMIS and Smart Serve training; however, to date, he has not been able to secure employment. The treatment team continues to support him in this regard.
Mr. Wisniewski’s primary supports are his family, with whom he visits overnight approximately twice a month at their home. The doctor reported though that his relationship with his parents remains an ongoing stressor for Mr. Wisniewski. Notwithstanding, the doctor stated that Mr. Wisniewski’s parents are supportive and are fairly insightful into their son’s illness, the need for treatment and they have a good rapport with the treatment team.
With regard to Mr. Wisniewski’s request for up to 14 days of travel outside of Canada accompanied by a person approved by the PIC and subject to an approved itinerary, the doctor noted that Mr. Wisniewski is on a long-acting injectable medication so his compliance while abroad can be ensured. The doctor added that if a robust safety plan is put in place and approved by the hospital, then such travel could be foreseeable in the upcoming year. He advised that prior to any such travel, there would be a meeting with the parents (who are his Approved Persons) to ensure all parties had the same expectation and to address any concerns. The doctor also stated that Mr. Wisniewski has exercised travel passes to visit family members in the Innisfil area in Ontario, without issue.
According to the Risk Assessment contained in the Hospital Report, “In the context of an ongoing detention order, Risk Management (R) items expected to be Present and Highly Relevant include future problems with Personal Support and Stress/Coping. However, the Risk Management items Treatment/Supervision Response and Living Situation would be Partially Present and Moderately Relevant, and there would not be anticipated problems with Professional Services and Plans.
Importantly, although Mr. Wisniewski remains at ongoing risk of returning to substance use as a means of maladaptively coping with stress, the clinical team would retain the ability to pre-emptively intervene and interrupt use prior to his dynamic risk becoming unmanageable in the community. The team would also be able to approve his housing to ensure it is adequately supported and supervised for his risk management needs.
His risk of any violence is anticipated to be Low in the context of a detention order with community living. In contrast, his risk would be Moderate absent a detention order.”
- The Re-Offence Scenario identified in the Hospital Report indicates:
“Should Mr. Wisniewski reoffend, it would likely transpire in the following way: Given his cognitive and affective instability, he would become overwhelmed by stressors in his life. He would turn to substances (cannabis, psilocybin, and alcohol) to cope. He would develop florid and persistent psychotic symptoms, hostility, and disinhibition of his behaviour, with a proclivity toward violent behaviour. He would then be at an acute risk of engaging in disorganized violence.”
- No further evidence was called.
Analysis and Conclusions:
Having heard and considered the evidence adduced and submissions of all parties, it is the Board’s unanimous conclusion that Mr. Wisniewski continues to pose a significant threat to the safety of the public as defined by the Supreme Court of Canada and Winko.
Mr. Wisniewski suffers from a major mental illness, namely, Schizophrenia. Mr. Wisniewski has a significant history of becoming aggressive and assaultive when suffering from untreated psychosis. His conduct in the index offence was extremely serious and potentially lethal.
Though developing, Mr. Wisniewski has suboptimal insight into his mental illness, the need for medication or the connection between his illness and the commission of the index offence. His insight into the need to remain abstinent from substances is improving; however, concerns remain that if Mr. Wisniewski were not under an ORB Disposition, he would be likely to relapse to substance use, likely resulting in a significant exacerbation of the symptoms of his illness. This would be highly likely to result in Mr. Wisniewski experiencing paranoid beliefs that would render members of the community at real risk of dangerous behaviour. For all of the above reasons, the Board has no difficulty in finding that Mr. Wisniewski continues to pose a significant threat to the safety of the public.
The evidence before the Board is clear that Mr. Wisniewski has had a successful year in review. He has remained medication compliant, he has not engaged in any aggressive or inappropriate behaviours, he has remained abstinent of substance use, has engaged appropriately in recommended programming and has been cooperative and transparent with his treatment team. He is congratulated for his progress and it bodes well for his trajectory towards independent community living and full community reintegration.
At present, Mr. Wisniewski is detained under the authority of a Detention Order. In our assessment, the hospital continues to require the authority of a Detention Order in order to maintain oversight of Mr. Wisniewski’s community residence to ensure that his residence provides him with the necessary level of support, structure, supervision, and monitoring to safely manage his risk to the public. Further, the hospital requires the additional risk management tool of a Detention Order to allow Mr. Wisniewski to be promptly readmitted to the hospital should he re-engage in substance use or otherwise suffer a decompensation in his major mental illness.
For all of these reasons, in this panel’s assessment, neither a Conditional Discharge Disposition nor the MHA is sufficient to manage Mr. Wisniewski’s risk to public safety at present.
Based on the evidence and the submissions of the parties, the Board finds that the necessary and appropriate Disposition is a Detention Order on the terms and conditions of his existing Disposition subject to the addition of a travel pass for up to 14 days, to travel outside of Canada, accompanied by a person approved by the PIC, upon first obtaining approval of his itinerary by the PIC.
In our assessment, the expert evidence was clear that all necessary and appropriate safeguards will be put in place and vetted by the hospital prior to the exercise of such a travel pass and will be contingent on, among other things, Mr. Wisniewski’s continued stability in his mental state, compliance with his prescribed medication and abstinence from substance use. We note that the inclusion of this expanded travel pass does not create an entitlement for Mr. Wisniewski bur rather it allows the hospital the discretion to grant the travel pass subject to their comprehensive assessment of Mr. Wisniewski’s suitability to exercise same.
In reaching our decision, we have taken into consideration the criteria set out in s.672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of Mr. Wisniewski, his reintegration into society and his other needs.
DATED this 29^th^ day of October, 2025, at the City of Toronto, in the Toronto Region.
Ms. L. Banks
Alternate Chairperson
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Office of the Registrar
Ontario Review Board