Ontario Review Board

Re: Benedict Milewski

ORB File No: 5177

Hearing held on: Wednesday, October 15, 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: Ms. C. Fromstein Members: Dr. K. Hand Dr. J. Cheston Mr. C. Flanagan Ms. B. Naegele

Parties Appearing:

Accused: Benedict Milewski Counsel: Ms. J. Boissonneault

The person in charge of hospital: Counsel: Ms. J. Szabo Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated November 27, 2025)

Introduction:

1. On October 2, 2008, Benedict Milewski was found not criminally responsible on account of mental disorder (“NCR”) on a charge of manslaughter, contrary to the Criminal Code. He is currently subject to a Disposition of the Ontario Review Board (the “ORB” or “Board”) dated October 28, 2024 whereby he is detained at the Forensic Program at the Ontario Shores Centre for Mental Health Sciences (“Ontario Shores” or the “hospital”) with privileges up to and including community living in accommodation approved by the person in charge. His Disposition also specifies that Mr. Milewski is required to occupy a private room in the hospital and wherever he resides in the community, as well as, among other conditions, to abstain from the use of substances and when residing in the community report not less than once per week.

2. On October 15, 2025 a panel of the Board convened at Ontario Shores to conduct Mr. Milewski’s annual review pursuant to section 672.81(1) of the Criminal Code. Mr. Milewski attended the hearing and was represented by counsel, Ms. J. Boissonneault.

3. The Hospital Report dated September 30, 2025 was marked as Exhibit 1 at the hearing. In addition to the documentary evidence, Mr. Milewski’s attending psychiatrist, Dr. D. Pallandi, gave evidence.

4. The issues to be decided at the hearing were whether Mr. Milewski continued to meet the test of posing a significant threat to the safety of the public and if so, what is the necessary and appropriate Disposition, bearing in mind the four factors in section 672.54 of the Criminal Code.

5. At the outset of the hearing all parties were asked for their initial positions. Ms. Szabo indicated the hospital position is that Mr. Milewski remained a significant threat to the safety of the public and that the necessary and appropriate disposition is a Conditional Discharge with conditions as set out in the hospital report. These include, among others, the request to remove the abstinence clause and to vary the reporting condition to once every two weeks as well as: reside in supportive housing associated with Durham Mental Health Services (DMHS); occupy a private room at Ontario Shores or wherever he resides in the community. Ms. MacDonald supported the hospital’s position on behalf of the Attorney General. Ms. Boissonneault conceded the issue of significant threat and agreed with the hospital’s recommendation. There was therefore a joint submission before the panel.

Findings:

6. For the reasons that follow, the panel found that Mr. Milewski continues to pose a significant threat to the safety of the public. The panel agreed with the joint submission of the parties regarding Disposition, concluding that the necessary and appropriate Disposition, which is also the least onerous and least restrictive in the circumstances, is a Conditional Discharge. The Board varied the requested wording regarding his residence clause to that ‘he reside in a private room in supervised supportive housing associated with DMHS’ for the reasons set out below. We further included a condition that ‘he reside in a private room at Ontario Shores’.

Index Offence:

7. The details of the index offence are included in the Hospital Report and can be summarized as follows. At the time of the index offence, Mr. Milewski was residing at a multi-unit long-term residence for physically and mentally challenged adults (Bethany House). Mr. Milewski shared a room with the victim of the index offence. On February 12, 2007, staff found the victim unresponsive and lying on the floor in a pool of blood. The victim had severe trauma to his face and head. Mr. Milewski appeared to be asleep but awoke and got dressed shortly after the victim was discovered. Mr. Milewski admitted assaulting the victim, saying, “Philip bad. I punched and kicked him", and was arrested by police. The victim required emergency surgery and died on March 25, 2007, as a result of complications related to his injuries.

8. The Hospital Report included Mr. Milewski’s account of the index offence from May 2008. Mr. Milewski described the victim as “bad” and said that the victim “talked bad at me” and he beat him up. The Hospital Report stated that exploring this revealed a “paucity of information about Mr. Milewski’s internal world.” Mr. Milewski indicated that he was happy that the victim was dead, as bad people should not be around in this world to do bad things.

Background:

9. Mr. Milewski’s personal background and history are set out in detail in the Hospital Report and do need not be repeated. Briefly summarized, Mr. Milewski is a 54-year-old single man who was born in Poland and immigrated to Canada with his parents and two siblings in 1982. He was described as a loner and did not have many friends. Mr. Milewski has never been married and does not have any children.

10. Mr. Milewski did well in high school and started an apprenticeship to be an auto mechanic after graduation. He was fired from this job just prior to the onset of his mental illness. He has been unable to work since then.

11. At the time of the index offence Mr. Milewski was living in a treatment centre for persons with schizophrenia and mood and anxiety disorders.

12. Mr. Milewski does not have a history of substance use.

13. The Hospital Report stated that Mr. Milewski had no prior criminal history, although police were involved in two apprehensions under the Mental Health Act in 2001 and 2002. In both cases police were called to the family home as a result of Mr. Milewski’s violent behaviour. On the first occasion he attacked his mother, and on the second occasion his father was the victim of the assault. It was suspected that Mr. Milewski had not been taking his prescribed medications for a few months. Mr. Milewski was unable to explain his behaviours other than to state that his parents were “very bad.” Mr. Milewski was no longer permitted to live in the family home following the assault on his father.

Psychiatric History, taken from last year’s reasons for disposition

14. Mr. Milewski’s first psychiatric admission was in 2001. Mr. Milewski’s diagnosis was schizophrenia and he was followed by his family physician following discharge. He refused to continue taking his medications and became increasingly difficult to manage. Following his second psychiatric admission in June 2002, he was held in hospital until a bed became available at Bethany House, where he lived until the index offence in February 2007.

15. Following the index offence, Mr. Milewski was held at Maplehurst Corrections Centre until his admission to Oak Ridge Mental Health Centre (now Waypoint) in March 2008. Following the NCR finding, Mr. Milewski transferred from the Provincial Forensic Program Division of Waypoint to Ontario Shores in 2013. The Hospital Report includes a detailed history of Mr. Milewski’s time at Waypoint. He was described as experiencing primarily negative symptoms, lacking any real connections and having no feelings of remorse or empathy regarding the index offence. He had no interest in programs or work but was compliant with medication. It was noted that his history of unpredictable volatility was in sharp contrast to his daily presentation.

16. Mr. Milewski underwent a careful trial off antipsychotic medication in July 2011. While he initially showed no signs of decompensation, his presentation began to change in November 2011, and in December 2011 he assaulted a peer. He was then restarted on antipsychotic medication. Mr. Milewski continued to prefer a “self-isolative lifestyle” and did not socialize with peers or staff unless he had a specific need. He had on and off contact with his parents. In 2013 the treatment team determined that Mr. Milewski no longer required the maximum secure setting of Waypoint and recommended a transfer to a private room at Ontario Shores with a cautious progression through privilege levels.

17. The Hospital Report also outlines Mr. Milewski’s time at Ontario Shores, and there was little change in Mr. Milewski’s presentation over the years. Mr. Milewski continued to display negative symptoms and was isolative. He was described by one of the forensic psychiatrists as being one of the most difficult patients to assess in a career extending over a decade. Mr. Milewski was also described as being “ritualistically routine” in his day-to-day presentation, and “rigid in his thinking, perfectionistic, and obsessed with order and routine.”

18. Mr. Milewski was transferred to a general unit at Ontario Shores in February 2017. He continued to have a lack of insight into the index offence and appeared content to remain in the hospital. He refused to meet with a peer support worker individually in 2019. Mr. Milewski continued to refuse programming, but began to use indirectly supervised privileges without incident, and also agreed to augment his antipsychotic medication. An occupational therapy assessment was completed in 2021 and it was recommended that Mr. Milewski live in a group home where there are fewer residents and he can have a single room. Mr. Milewski began to participate in some CBT sessions and programs focused on discharge from hospital. He also began meeting with a transitional case manager. In 2022 his antipsychotic medication was changed to a long-acting injectable in anticipation of Mr. Milewski’s discharge to the community.

19. Mr. Milewski’s diagnoses are Schizophrenia and Schizoid Personality Disorder. Mr. Milewski is capable to consent to treatment.

Evidence at the Hearing:

20. On June 17, 2024, Mr. Milewski was transferred from Ontario Shores to McKay House, a 24-hour supervised group home administered through Durham Mental Health Services (DMHS) in Whitby.

21. He transitioned well, has not posed any management problem and has remained fully compliant with his prescribed long-acting injectable antipsychotic medication. He attends all scheduled clinical appointments and maintains a cooperative and positive relationship with his treatment team. There is no evidence of delusions or other psychotic symptoms but he continues to display long-standing negative symptoms, such as social withdrawal, limited emotional expression and reduced spontaneity consistent with his underlying schizoid personality traits.

22. He was described as generally thoughtful and considerate of his peers. He continues to have no desire to reconnect with his family, from whom he remains estranged.

23. Dr. Pallandi testified that the move to a Conditional Discharge disposition is the logical next step to move Mr. Milewski forward to a slightly less restrictive disposition in light of his small but significant improvements.

24. Dr. Pallandi articulated that at this point, in light of Mr. Milewski’s long standing entrenched negative symptoms, he is not expected to make big leaps forward. But he has not retrogressed and has held his own. He has gone out on a couple of outings, which for him is very good. He has also participated in chores at the home, which also represents forward movement. He noted that McKay House has been a bit chaotic during the recent past due to some of its residents and Mr. Milewsky has not responded in a negative way to the challenging environment. He has also maintained a cooperative and positive relationship with his forensic outpatient team despite changes in the social worker due to staffing changes. Being a slightly rigid person, such change can be destabilizing but Mr. Milewsky has responded to these changes well.

25. The team tries to push him a bit outside of his comfort zone, to go out of the house to activities, and Mr. Milewski has responded well. He now takes his monthly injection from a nurse practitioner which is a more independent step. A great success for him this year is that he has been able to take a taxi to the hospital, whereas he had previously always been driven. He went on public transit and got lost but managed to move forward nonetheless.

26. Dr. Pallandi made it clear that while these appear to be little steps, they are substantial steps for Mr. Milewski.

27. Mr. Milewski continues to have no insight or remorse regarding the index offence and that is not anticipated to change.

28. It remains imperative that Mr. Milewski has a private room. This is a necessary risk management term based on the dynamics of the index offence. The team is not entirely certain about Mr. Milewski’s thoughts about others. Mr. Milewski has not acted out but there remains the concern that there is something in his thoughts and it is a challenge to know what they are. He has in the past exhibited abrupt eruptions of aggression so there is no plan to reduce the level of observation. At present McKay staff have eyes on Mr. Milesky all the time, and he is seen multiple times a week. If there was any evidence of relapse the hospital would have to intervene quickly and the MHA would apply to his case if he needed rehospitalization. The one issue of concern that Dr. Pallandi raised was in the event that Mr. Milewski was taken to a general hospital.

29. Dr. Pallandi recognized that the Conditional Discharge proposed does closely resemble a Detention Order on the basis of a requested terms that he reside in supportive housing associated with Durham Mental Health Services (DMHS) and occupy a private room at Ontario Shores or wherever he resides in the community, recognizing that these are suggestive of the hospital’s need to approve his accommodation. However, Dr Pallandi asserted that a change to a Conditional Discharge is supported by Mr. Milewski having made sustained and noticeable progress, attending more community outings, assisting in chores, showing flawless behaviour and travelling independently. These are significant.

30. Dr. Pallandi agreed that if Mr. Milewski were to say that he intended to move to housing without mental health supports that the hospital would not agree. However, Dr. Pallandi testified that a Conditional Discharge that requires Mr. Milewski to reside in a Durham Mental Health Services residence addresses that concern and, notably, that given Mr. Milewski’s negative symptoms he would never be capable of moving of his own volition.

31. Dr. Pallandi also noted that Mr. Milewski is in a very different position than at the time of the index offence. He is medicated differently, now by injectable medication which is protective as decompensation is generally slower and which guards against non-compliance. His risk is very different today that at the time of the index offence but Dr. Pallandi recognized that there remains a degree of unpredictability based on his illness. Mr. Milewski has in the past shown indicators of a loss of control with an intensity that is very concerning to people around him but these episodes have decreased in frequency over time.

32. Mr. Mlewski’s future goal is to live more independently and the team will continue to explore the next step of his possibly moving within the DMHS to less supportive housing. He is viewed as someone who can move forward in this way. While his current housing is intended to be transitional, he will not be required to move unless and until he is ready to do so.

Submissions:

33. Ms. Szabo maintained her initial position on behalf of the hospital. She submitted that a residential clause is common to a Conditional Discharge. Last year a Detention Order was necessary as the hospital had to maintain the ability to approve housing in case Mr. Milewski’s transition to McKay House did not work out. He has done well and is doing even better, taking transit, managing his injections by himself and seeing his clinicians on schedule. His occupational therapy assessment in 2021 said that a single room was preferred. She submitted that a term that he occupy a private room in the community or at Ontario Shores is necessary and appropriate and suggested that it be worded that ‘he occupy a private room at Ontario Shores or within DMHS housing’. Ms Szabo submitted that after 17 years and profound symptoms Mr. Milewsky has had a very good year, including his being able to watch a hockey game with a group of co-residents. These represent big changes for him.

34. Ms. MacDonald maintained her support for the Conditional Discharge, and that the term that he be required to have a single room in hospital or the community was acceptable however phrased.

35. Ms. Boissenault maintained her support for the Conditional Discharge as jointly proposed as that which is the least onerous and least restrictive disposition. She noted that just because it resembles a detention order does not mean that it cannot be a Conditional Discharge, so long as it ensures public safety and supports his reintegration into the community. She submitted that Mr. Milewski has had a year of complete success and, in light of his history, has made great progress. He cooperates with the people with whom he works, has navigated stressful situations very well, including when becoming lost in transit and living in a chaotic environment, all without any decompensation in his mental health.

Analysis and Conclusion:

36. The Board finds on the evidence that Mr. Milewski continues to represent a significant threat to the safety of the public, the joint position of all parties. He committed the most serious of offences, into which he has no insight. Because of his emotional withdrawal it remains unknown to his treatment providers what his inner thoughts are, and he requires close supervision to ensure there is not another eruption of aggressivity based on thoughts of ‘bad’ people.

37. There is strong evidence before us of the progress that Mr. Milewski has made since his transition to community living at McKay House. For a person with such strong negative symptoms of his disorder he has made significant strides, being able to do tasks at his residence, managing his injections on his own with a nurse practitioner and travelling on his own by taxi to the hospital. He has weathered without any decompensation stressors including changes in staff on his treatment team, chaos from the behaviour of co-residents at his home and becoming lost when taking transit.

38. It is the joint position of the parties that the Conditional Discharge includes conditions that he reside in DMHS housing and whether at his community residence or in hospital, reside in a private room.

39. It was recognized by the parties at the hearing that the housing terms deemed necessary appear to more closely align with a Detention Order term that the individual ‘reside at an address approved by the hospital’. That is distinguishable from a term often contained in a Conditional Discharge specifying a particular address at which the person must reside. It was also raised as a concern in the evidence that he might wind up in a general hospital at some point, with the realization that a Conditional Discharge would not guarantee his return to Ontario Shores.

40. It was of concern to the board whether the broad provisions requiring him to ‘reside in a private room in supportive DMHS housing was outside the bounds of a Conditional Discharge (Davies (re) 2019 ONCA 738 par 19-20) as the evidence suggests that the hospital will require some authority to ensure adequate ongoing supervision regarding any change in his residence. Mr. Milewski’s circumstances are somewhat unique in that he is a long-term patient who has special housing needs, and may always have special housing needs that must be accommodated to ensure safety to others.

41. At the same time the Board wishes to commend Mr. Milewski for the positive strides that he continues to make and to recognize his progress. The joint submission of a Conditional Discharge recognizes his progress.

42. We find that the evidence before us supports that his risk can be safely managed on a Conditional Discharge with him residing in housing that provides the necessary level of supervision. At this time this is adequately provided by his residing McKay House in a private room with the supervision in place. We also heard evidence that Mr. Milewski is someone who could in the future be transitioned to a less supervised. DMHS group home, and that the Conditional Discharge proposed by the parties would allow for that transition without the need to call an early hearing.

43. It is our understanding that Durham Housing has three levels of housing: High Support which is McKay House, Medium Support which is staffed 24 hours per day and Minimal Support. The evidence supports the necessity that Mr. Milewski be closely observed as his inner thoughts regarding ‘bad people’ are not known to the treatment team. We find that minimal support housing would be inappropriate. However we accede to the joint submission that will permit him to change his address from that of McKay House, which we have specified, to other supervised supportive DMHS housing on the understanding from the evidence that such a move would maintain the necessary adequate supervision.

44. It is clear on the evidence that wherever Mr. Milewski resides that, to protect public safety, he must have his own room, and this will be encompassed in his residence condition at DMHS housing. At the request of the parties, we have also put the necessity for a private room as a condition if he is readmitted into Ontario Shores. We find that the risk of his being sent to a general hospital and not into a private room is too remote to result in a Detention Order disposition being necessary to ensure his transfer to Ontario Shores if it became necessary. We have taken into consideration the fact that he resides in the vicinity of Ontario Shores which adds to the likelihood that he would be transferred to the hospital and that the hospital could take steps to inform a general hospital of his need for a private room.

45. We therefore order as a condition of Mr. Milewski’s Conditional Discharge that he “reside in a private room at McKay House, 519 Brock St. South, Whitby ON L1N 4K0 or in a private room in other supervised supportive housing associated with Durham Mental Health Services (DMHS).

46. We also include the condition that he “occupy a private room at Ontario Shores Centre for Mental Health Sciences’

47. We agree with the joint request to remove the abstinence clause as there is no evidence of it being required. All other conditions as jointly proposed by the parties are included.

48. We make this Order in consideration of the primary factor of protection of public safety, the mental condition of Mr. Milewski, his reintegration into the community and his other needs.

DATED this 27th day of November 2025, at the City of Toronto, in the Toronto Region.

Ms. C. Fromstein Alternate Chairperson Office of the Registrar Ontario Review Board