Re Ante Mihaljevich, 2025 CanLII 117169

Ontario Review Board

Re: Ante Mihaljevich

ORB File No: 3781

Hearing held on: Friday, September 19, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M.D. Segal Members: Dr. S. Nagari (by Zoom) Dr. M. Choptiany Ms. J. Greenwood Ms. C. Plyley

Parties Appearing:

Accused: Ante Mihaljevich Counsel: Mr. T. Whillier

The person in charge of hospital: Counsel: Ms. J. Szabo

Attorney General of Ontario: Counsel: Ms. N. MacDonald

AMENDED REASONS FOR DISPOSITION

(Dated November 14, 2025)

Please see underlined change at paragraph 16 of the original reasons made September 19, 2025:

Introduction

1. On May 9, 2003, Ante Mihaljevich, age 50, was found not criminally responsible on account of mental disorder of criminal harassment and failure to comply with a probation order, contrary to the Criminal Code.

2. Mr. Mihaljevich is presently detained on a detention order with privileges up to and including living in the community in supervised accommodation approved by the person in charge.

3. On September 19, 2025, Mr. Mihaljevich appeared at the Ontario Shores Centre for Mental Health Sciences (the “hospital”) before the Ontario Review Board (the “Board”) for his annual hearing.

4. Exhibit 1 was the Hospital Report dated September 2, 2025. The Board also had before it the most recent Disposition and most recent Reasons for Disposition.

5. In preliminary positions, the hospital indicated that significant threat continues to be present, and no change should be made to the current Disposition. Crown counsel agreed. Patient’s counsel noted that his client accepted the hospital’s position. However, during the hearing, the patient intervened a few times and on one occasion requested an absolute discharge. Patient’s counsel also informed the Board that his client was seeking an amendment to section 2(c) to permit Mr. Mihaljevich to see his family in Brampton, indirectly supervised. By the conclusion of the hearing, the Board concluded that significant threat continued to be present and that the suggested amendment was not appropriate.

6. Mr. Mihaljevich suffers from some degree of hearing loss, so attempts were made to ensure that speakers’ voices were loud and clear to address that.

Current Diagnoses

7. Schizophrenia

Opioid Use Disorder, severe

Antisocial Personality Disorder

Index Offence

8. The circumstances of the index offences are excerpted from the last year’s Reasons for Disposition as follows:

“Criminal Harassment

On January 1, 2003, at 3:30 PM, the victim [Mr. Mihaljevich’s mother] received a collect call from Mr. Mihaljevich stating, “I’m dying. Call a doctor. Get medication for me. They are only giving me methadone once a day. I need it three times a day. I can’t breathe. I’m dying; I’m dying”.

January 24, 2003, at 11:34 AM, Mr. Mihaljevich’s mother received a collect call from Mr. Mihaljevich stating, “They are trying to poison my food, and everyone is against me”. The conversation continued about contact lenses and having the victim pick them up for him. At 11:55 AM, Mr. Mihaljevich called again and hung up on his mother.

Mr. Mihaljevich placed collect phone calls to the victim on February 5, 2003, at 10:49 AM, February 7, 2003, at 10:37 AM, February 8, 2003, at 3:11 PM, February 10 at 7:37 PM, February 13 at 10:50 AM, February 20 at 3:47 PM, February 22 at 7:06 PM, and February 26 at 10:53 AM. The victim was unsure of the extent of these conversations, but she recalled that they were about getting Mr. Mihaljevich a lawyer and getting his contact lenses.

On March 14, 2003, at 7:12 AM, the victim received a collect call from Mr. Mihaljevich, stating, “How are you? Where is Martin and Stan? I don’t eat much. I was reading in the paper, and they are poisoning the food. I need a lawyer”. At 7:42 AM, Mr. Mihaljevich placed a collect phone call to the victim, stating, “Find me a lawyer. You don’t have to pay him and don’t tell him my personal problems. I’ve got to go. Don’t tell anyone I called”.

The victim stated that she accepted his calls out of the fear of reprisal when he was released. The victim on numerous occasions told Mr. Mihaljevich to stop contacting the family.

Failure to Comply with Probation Order (Count 1)

On May 31, 2002, Mr. Mihaljevich attended the Ontario Court of Justice, Brampton, to answer to the charges of Mischief. He appeared before the Honourable Judge Kastner and he was placed on probation beginning on May 31, 2002, and ending May 30, 2005. The Probation Order contained a condition to not associate/contact or hold any communication directly or indirectly with Kathy Mihaljevich.

On January 1, 2003, Mr. Mihaljevich contacted the victim, Kathy Mihaljevich, by phone. Mr. Mihaljevich was found to be in breach of probation.

Failure to Comply with Probation Order (Count 2)

No information was available with respect to this count.”

Background

9. The background information is taken from last year’s Reasons for Disposition as follows:

a. Mr. Mihaljevich is a 49-year-old man (now 50).

b. Mr. Mihaljevich developed significant behavioural problems at an early age. Between the ages of eleven and twelve he began to steal, lie and demonstrate oppositional behaviours toward those in authority. He began fighting regularly at the age of fourteen and often carried weapons such as a knife or a stick. In early adulthood he frequently intimidated his parents, particularly in an effort to obtain money for drugs, and he physically and verbally assaulted them.

c. Mr. Mihaljevich’s employment history is sparse. He is currently supported by the Ontario Disability Support Program (ODSP).

d. Mr. Mihaljevich reported that he had a serious motor vehicle accident in the past, which resulted in back problems. This was the apparent time of onset of his opioid dependence.

e. Mr. Mihaljevich’s first contact with psychiatric services was in March 1999, at the age of twenty-three. He was assessed at the Centre for Addiction and Mental Health and was diagnosed with Opioid Dependence. He endorsed auditory hallucinations, ideas of reference and paranoia. Consideration of an underlying psychotic disorder was noted. It was also suggested at that time that he had an anger management problem.

f. Mr. Mihaljevich has an extensive history of substance abuse including cocaine, ecstasy, GHB, ketamine, heroin and alcohol.

g. Mr. Mihaljevich has an extensive criminal history that started in 1991. His charges include multiple violent crimes including assaults, assaults with a weapon, assault peace officer, robbery, utter threat, weapons dangerous, among other charges.

h. Mr. Mihaljevich has been assaultive toward doctors and hospital staff in the past.

i. Mr. Mihaljevich does not have an approved person.

Evidence at Hearing

10. Dr. M. Hartfeil, the patient’s psychiatrist, testified. There were no updates. The year in hospital went well with the usual ups and downs. There was one significant incident in May. On that occasion Mr. Mihaljevich consumed cannabis. That impacted Mr. Mihaljevich’s mental state. He became paranoid and agitated. Mr. Mihaljevich also has somatic delusions. Mr. Mihaljevich has also presented as defiant when found with contraband (cigarettes and a lighter) on a number of occasions when returning to the unit.

11. Mr. Mihaljevich has been adherent to his medications. At times. He has requested higher doses of Methadone and Strattera which are not indicated at this time.

12. Mr. Mihaljevich’s housing situation was reviewed. The hospital found one housing arrangement, but the patient was not in agreement. Halsey Lodge in Sutton was identified but the patient was not keen on it because it was far away. The hospital is now looking at other closer possibilities such as in Bowmanville.

13. Mr. Mihaljevich’s history makes it difficult to place him in housing. The type of homes that are available are not suitable for his needs. Discharge, when it happens, will be complex.

14. Mr. Mihaljevich requires oversight regarding medication administration and support to avoid substances. When unwell, Mr. Mihaljevich attributes fault to those around him. There continue to be fixed delusional thoughts including being attacked by lasers and that a chip has been placed behind his ear. Voices speak to him. The patient is at baseline. He exercises his privilege well. Mr. Mihaljevich is in the upper range of privilege levels. No changes are contemplated to his medications. The dose for ADHD was recently lowered.

15. Mr. Mihaljevich informed the Board that he wanted to see his family. He has not seen them for years. Once Mr. Mihaljevich raised the issue of an absolute discharge, and wanting to see family, Dr. Hartfeil observed that the hospital had not even considered an absolute discharge. The Hospital Report referenced that risk would be moderate to high on a conditional discharge. Mr. Mihaljevich suffers from a treatment resistant psychosis in combination with antisocial personality disorder and a significant substance history. His propensity for violence is clear. He continues to have residual symptoms. Substance use causes rapid deterioration as seen by the one incident this past May involving cannabis. The Hospital Report notes that his antisocial personality disorder and elevated PCL-R scores further exacerbate his baseline risk through impaired judgment, poor adherence to social cues, and limited capacity to internalize rules and expectations. Significant threat to the safety of the public is well present.

16. Dr. Hartfeil described the patient’s fraught history with his parents. When Mr. Mihaljevich’s father suffered a stroke, Mr. Mihaljevich’s mother was of the view that a visit by her son would be deleterious. Mr. Mihaljevich’s mother speaks by telephone with her son and has seen him on one occasion. The patient’s mother is required to give written consent for that to happen. Mr. Mihaljevich characterizes the reason for his apprehension as merely making a phone call, omitting the threats of death to his narrative. In early adulthood, he frequently intimidated his parents, particularly in an effort to obtain money for drugs, and he physically and verbally abused them.

17. Mr. Mihaljevich has been under the Board for a long time, but significant threat continues to be well present. It arises out of a treatment resistant illness, antisocial personality, ongoing symptoms including delusions, his long history of violence, his long history of substances, and rapid decompensation if consuming substances.

18. Mr. Mihaljevich is prone to become angry and agitated. The hospital is working hard to find a suitable residence in the community. Because of his history, that is not an easy task. Unsupervised visits to his family are not supported by the hospital. Mr. Mihaljevich’s family are not willing to engage in visits. There is a challenging family history. Accompanied passes have not been appropriate. Unsupervised passes are neither desirable nor realistic.

19. The Board concludes that the current Disposition carefully balances the safety of the public with the patient’s needs. We wish Mr. Mihaljevich well in the upcoming year.

DATED this 14th day of November 2025, at the City of Toronto, in the Region of Toronto.

Mr. M.D. Segal Alternate Chairperson

Office of the Registrar Ontario Review Board