Re Josias Gomez-Moreira, 2025 CanLII 135026

Re: Josias Gomez-Moreira

ORB File No: 8873

Hearing held on: Thursday, November 20, 2025

Place of hearing: Waypoint Centre for Mental Health Care

Pursuant to: Section 672.47(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. P. Capelle

Members: Dr. R. Sheppard (via Zoom) Dr. T. Stirpe Mr. D. D’Intino Mr. J. Cyr

Parties Appearing:

Accused: Josias Gomez-Moreira Counsel: Mr. T.R. McIver

The Person in charge of Hospital: Representative: Ms. T. Murdock

Attorney General of Ontario: Counsel: Ms. S. Curry

REASONS FOR DISPOSITION

(Dated December 23, 2025)

Introduction

[1]. On October 2, 2025, Mr. Josias Gomez-Moreira was found not criminally responsible on account of mental disorder on charges of aggravated assault, aggravated assault with a weapon, possession of weapons dangerous and carry concealed weapon, all contrary to the Criminal Code of Canada (the “Criminal Code”).

[2]. The Honourable Court did not make a Disposition, and a Warrant of Committal was issued detaining Mr. Wyatt at the Waypoint Centre for Mental Health Care (“Waypoint”), pending an initial Disposition of the Ontario Review Board (the “ORB” or the “Board”).

[3]. On November 20, 2025, a panel of the ORB convened a hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Gomez-Moreira was in attendance and was represented by his counsel, Mr. McIver.

Without Prejudice Position of the Parties

[4]. Ms. Murdock for the hospital indicated that a Detention Disposition with the terms and conditions set out on page 52 of the Hospital Report were recommended. Ms. Curry for the Attorney General agreed. Mr. McIver, counsel for Mr. Gomez-Moreira, stated that his client wishes to be transferred to a medium secure hospital and would not be contesting the ongoing presence of significant threat.

Background and Index Offences

[5]. The circumstances of the index offences are taken from the Hospital Report as follows:

“On December 13, 2023, Mr. Gomez-Moreira was detained on a medium security range at Collins Bay Institution in Kingston, Ontario. At approximately 1258h, Mr. Gomez-Moreira went to the kitchenette and placed a mug in the microwave and pressed some buttons. He checked the mug a few times and placed it back in the microwave. He then took the mug out of the microwave and walked to the staircase. At approximately 1301h, Mr. Gomez-Moreira was on the stairs in Unit 8 in the area of D and B range. He walked up the stairs and then ran at a correctional officer. As he approached the correctional officer, Mr. Gomez-Moreira threw hot liquid toward the officer’s face. He then got behind the officer and attacked him. This attack was described as “unprovoked”. Mr. Gomez-Moreira stabbed the officer in the neck and head area approximately 8-10 times. Mr. Gomez-Moreira used a “jail made weapon, which was a slashing razor blade style weapon”. The victim sustained multiple slash type wounds of varying depths to the back and side of his head, lower part of his head near his spine, ear and hands (defensive wounds). The victim was transported to Kingston General Hospital with multiple non-life-threatening lacerations.”

Current Diagnoses

• Schizophrenia,
• Unspecified Personality Disorder, antisocial features,
• Alcohol Use Disorder, moderate, in sustained remission in a controlled setting, and
• Stimulant Use Disorder, moderate, in sustained remission in a controlled setting.

Evidence at Hearing

[6]. Dr. Van Impe was called as the hospital witness. He has read and agrees with the contents of the Hospital Report.

[7]. Dr. Van Impe testified that Mr. Gomez-Moreira remains a significant threat to the safety of the public because of the severity of the index offences and his previous criminal offences. Mr. Gomez-Moreira recently stated that if he stabbed someone, he could go back to jail. He continues to experience auditory hallucinations similar to those reported at the time of the index offences. Only a week prior to this hearing, Mr. Gomez-Moreira agreed to switch to an injectable antipsychotic medication (Abilify Maintena). He may not be optimally treated as the initial accepted dose of 300 mg monthly is below the typical initial loading dose of 400 or 800 mg. The determination of the full extent of Mr. Gomez-Moreira’s response to treatment will take four to six months. He has previously been treated with a 400 mg monthly dose and expressed concerns regarding “blackout moments” associated with that dosage. He remains treatment capable and is knowledgeable regarding medications.

[8]. If medication noncompliant, Mr. Gomez-Moreira’s risk increases as he becomes more invested in his delusions. When this occurs, his symptoms intensify, and physical violence follows. When unwell, his insight diminishes, and he becomes increasingly convinced that others are talking about him behind his back. His insight is improving but still fluctuates. Dr. Van Impe understands that Mr. Gomez-Moreira’s cystic fibrosis is well managed but has no further details.

[9]. The intention is to move Mr. Gomez-Moreira to the Beausoleil Unit which is the most privileged unit within Waypoint. Dr. Van Impe views this trajectory as a reasonable progression within the high secure envelope. Transfer to a medium secure forensic unit is not currently seen as appropriate as Mr. Gomez-Moreira has only been at Waypoint for four weeks and has not progressed quickly through the patient privilege levels. Further, his comment as to how to return to jail and documented community violence, including a knife stabbing and similar symptoms to those seen at the time of the index offences, do not lend themselves to a transfer to a less secure facility. There is also an increased concern vis-à-vis access to substances in a less secure setting.

[10]. Responding to questions from Ms. Curry, Dr. Van Impe confirmed that his patient has had telephone calls with, as well as a visit from, family in late October.

[11]. Mr. McIver noted that his client finds that when he has more open space, he senses less voices and asked Dr. Van Impe to comment. The doctor responded that his patient experiences a higher level of symptoms when alone. Whereas, when out of his room and engaging with those around him, symptoms are reduced. Dr. Van Impe added that exposure to openness needs to be balanced with the current need for therapeutic and pharmacological treatment. Further, Mr. Gomez-Moreira is highly motivated by sexual activity. In a less secure setting, there is potential for female co-patients to be put at risk. The Board would need to weigh that as a consideration. Dr. Van Impe agreed that Mr. Gomez-Moreira has come to appreciate that he suffers from Schizophrenia, needs treatment and is addressing this.

[12]. Responding to a question from the panel, Dr. Van Impe agreed that an eventual transfer to the Beausoleil unit would begin to mimic a medium secure environment. Further, a transfer to the Beausoleil unit would allow the hospital to evaluate how Mr. Gomez-Moreira responds with less restrictive privileges and exposure within a maximum secure envelope and provide additional time to evaluate whether he would need to be transferred to an all-male, as opposed to a co-ed, medium secure unit.

[13]. Prior to transfer to the Beausoleil unit, Mr. Gomez-Moreira would need to first accept that no medications are without side effects. As he has cystic fibrosis, he perceives any physical change as attributable to the introduction of new psychotropic medications. The biggest hurdle to a transfer to the Beausoleil unit is bed availability. Dr. Van Impe cannot predict the length of the waitlist.

[14]. A panel member inquired if there were adjunct medications to address the side effects associated with a higher dose of Abilify. Dr. Van Impe stated that there were and advised that one was started the day prior to this hearing. He anticipates it will be known within a week if the side effects medication is effective.

[15]. Another panel member referred Dr. Van Impe to the second full paragraph on page 47 of the Hospital Report, which reads as follows:

“Mr. Gomez-Moreira has a supportive family which includes his parents and older brother. He has maintained independent communication with them by telephone and on October 29, 2025, there was a successful in-person visit with his parents. Mr. Gomez-Moreira prefers that his brother, Eliel, be the primary contact for his family, as his parents speak limited English. During a conversation with the unit social worker on November 3, 2025, his brother related the family’s distrust of the forensic system, their belief that Mr. Gomez-Moreira would do better in the community and that being kept in hospital was detrimental to his health.”

[16]. Dr. Van Impe responded that to date, Mr. Gomez-Moreira has not spent much time in the forensic hospital system. Therefore, the above noted comments vis-à-vis mistrust relate to the correctional, rather than the forensic, system.

Closing Observations

[17]. Ms. Murdock submitted that Mr. Gomez-Moreira remains a significant threat to the safety of the public and that his detention within the Waypoint high secure environment is required to manage his risk. She also noted that no Rule 13 notices with regard to a transfer request have been received. The next step is to determine how Mr. Gomez-Moreira copes on a less restrictive unit, likely Beausoleil. Ms. Curry supported the hospital’s position.

[18]. Mr. McIver noted that his client has recently acknowledged that he suffers from Schizophrenia and that prior non-acceptance of this diagnosis is what caused his run-ins with the law. Mr. Gomez-Moreira now recognizes that he suffers from Schizophrenia and is receiving treatment. These are serious steps forward to address what has happened in the past for which he is now remorseful.

[19]. Mr. Gomez-Moreira is a treatment capable person willing to take Abilify but prefers a lower dosage than recommended by Dr. Van Impe in order to prevent the recurrence of blackouts. Mr. Gomez-Moreira has not hurt anyone in two years which is a positive indicator that he is dealing well with his symptoms.

Analysis and Decision

(a) Significant Threat

[20]. Ongoing significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.

[21]. In determining whether Mr. Gomez-Moreira continues to represent a significant threat to the safety of the public, the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625.

23. The Board unanimously finds that Mr. Gomez-Moreira continues to pose a significant threat to the safety of the public. In arriving at this determination, the Board considered the joint position of the parties and accepted the uncontroverted evidence of Dr. Van Impe in this regard. The Board also relies on the contents of the Hospital Report in determining that Mr. Gomez-Moreira suffers from Schizophrenia, a major mental illness, complicated by symptoms of a Personality Disorder as well as Alcohol and Stimulant Use Disorders, both currently in sustained remission within a controlled high secure forensic envelope.

24. But three weeks prior to this hearing as indicated at page 43 of the Hospital Report:

On October 25, 2025, Mr. Gomez-Moriera approached staff at the care desk and without warning began to loudly and in an irritable tone demand that staff allow him to return to jail. Staff were unable to inquire further into this request, as he began to express frustrations about the noise on the unit and "all the people talking about me and saying bad stuff about me." Mr. Gomez-Moreira then again inquired about "how to get out of here, I need some fresh air! I need some women! I might as well just hurt someone so I can go back to jail since it's the same as here." He indicated that he had different options "to get back to jail, I can assault someone, I can stab someone, and a few other things"[emphasis added].

25. On the following page of the Hospital Report, Mr. Gomez-Moreira is said to have subsequently denied making the above noted comments when questioned by Dr. Van Impe on October 29th.

26. In addition to this recent incident and the severity of the December 2022 index offences, described above, the panel also considered Mr. Gomez-Moreira’s criminal record. It includes 2019 charges of Aggravated Assault, Possession of Weapons for Dangerous Purpose and Attempt Murder for which he received a four-year federal penitentiary sentence.

27. Given the foregoing, absent an ORB Disposition, Mr. Gomez-Moreira would likely become non-compliant with prescribed medications which would lead to decompensation, use of substances and the re-emergence of behaviours similar to those seen at the time of the index offences. We are satisfied that absent an ORB Disposition, it is likely that Mr. Gomez-Moreira will cause serious physical or psychological harm to members of the public and such conduct will likely be criminal in nature.

(b) Disposition

28. Flowing from the Board’s finding that Mr. Gomez-Moreira continues to pose a significant threat to the safety of the public, it must shape a Disposition for the year ahead. Its paramount consideration in doing so must be the safety of the public while also considering Mr. Gomez-Moreira’s needs pursuant to s. 672.54 of the Criminal Code.

29. The necessary and appropriate Disposition for Mr. Gomez-Moreira provides him as much freedom as possible without subjecting the community to a real risk of dangerous behaviour.

30. In considering Mr. Gomez-Moreira needs, the Board was attentive to his desire to be transferred to a medium secure forensic hospital notwithstanding that no formal request (Form 13) had been filed with the Board. The panel is nevertheless prepared to comment on this issue and unanimously finds that Mr. Gomez-Moreira is properly placed within the high secure envelope of Waypoint for the following reasons:

31. Mr. Gomez-Moreira was admitted to Waypoint on October 15th, 2025, only six weeks prior this hearing. To date he has not been deemed behaviourally appropriate to be fast-tracked up the patient privilege levels. Recent concerning comments about the mechanisms he could use to be returned to prison, the index offences themselves and his criminal record do not support his stated rationale for a transfer. Mr. Gomez- Moreira’s desire for openness must be balanced with his need for treatment. He remains treatment capable and is currently considered suboptimally treated. It may therefore take up to six months to ascertain his treatment response to a suboptimal dosage of an injectable antipsychotic medication started a week prior to this hearing.

32. Further, Mr. Gomez-Moreira is described as highly motivated by sexual activity. Therefore, in a medium secure setting, there is potential for female co-patients who could be placed at risk. Finally, there is increased availability of substances and alcohol in a medium secure facility and Mr. Gomez-Moreira remains susceptible to relapse were he to use again.

33. To his credit, Mr. Gomez-Moreira has gained insight vis-à-vis his Schizophrenia and the need to engage in treatment vis-à-vis his illness. The Hospital’s intention to transition Mr. Gomez-Moreira to the Beausoleil unit, repeatedly described as the most privileged of the programs within Waypoint, is a necessary and appropriate step in his hoped for progression to a medium secure facility. The panel accepts Dr. Van Impe’s expert opinion that within the Beausoleil unit, this patient’s response to increased privileges and stimulation within a maximum secure setting will enable his treatment team to ascertain the appropriateness of any future transfer request. In the interim, the Board would encourage Mr. Gomez-Moreira to fully engage with Dr. Van Impe’s pharmacological treatment recommendations and actively involve himself in recreational/vocational activities so as to minimize the symptoms he experiences when alone in his room.

Conclusion

34. Therefore, the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Gomez-Moreira poses to the safety of the public while still meeting his needs, remains a Detention Disposition.

35. In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Van Impe and is satisfied that this determination is both necessary and appropriate. The Board reviewed the provisions of s. 672.54 of the Criminal Code and carefully considered the need to protect the public from dangerous persons, Mr. Gomez-Moreira’s mental condition, his reintegration into society and his other needs.

DATED this 23rd day of December 2025, at the City of Toronto, in the Toronto Region.

Mr. P. Capelle Alternate Chairperson

Office of the Registrar Ontario Review Board