Ontario Review Board
Re: Krzysztof Ziemowit Kedzior
ORB File No: 8647
Hearing held on: Thursday, November 6, 2025
Place of hearing: Southwest Centre for Forensic Mental Health Care 401 Sunset Drive, St. Thomas, Ontario
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. G. Beasley Members: Dr. J. Ferencz Dr. G. Stones Mr. D. Sandor Ms. M. McKinnon
Parties Appearing: Accused: Krzysztof Ziemowit Kedzior Counsel: Mr. G. Grant
The Person in charge of Hospital: Counsel: Ms. J. Zamprogna
Attorney General of Ontario: Counsel: Mr. D. Rows
REASONS FOR DISPOSITION
(Dated December 29, 2025)
Introduction:
[1]. On June 11, 2018, Krzysztof Ziemowit Kedzior was found not criminally responsible on account of mental disorder in British Columbia on three counts of assault, contrary to section 266 of the Criminal Code of Canada. He is currently subject to a Disposition of the Ontario Review Board dated November 20, 2024, that detains him at the Southwest Centre for Forensic Mental Health Care, St. Joseph’s Health Care London (hereinafter referred to as “the Hospital”). That Disposition grants Mr. Kedzior certain privileges including that of living in the communities of Elgin and Middlesex Counties in accommodation approved by the person in charge and to attend and participate in a drug and alcohol rehabilitation treatment program anywhere in the Province of Ontario for a period not to exceed 90 days. The Disposition also imposes conditions on Mr. Kedzior, including that of abstaining absolutely from the non-medical use of drugs and alcohol and that of submitting samples for the purpose of monitoring his compliance with the abstention condition.
[2]. On November 6, 2025, a panel of the Ontario Review Board convened a hearing to review the Disposition mentioned pursuant to section 672.81(1) of the Criminal Code. Mr. Kedzior was present and was represented by counsel. Ms. Zamprogna attended as counsel for the Hospital and counsel Mr. Rows represented the Office of the Attorney General.
[3]. The record for the hearing included the Notice of Hearing, the most recent Disposition mentioned above and the Reasons for that Disposition. It also included a comprehensive E-binder from British Columbia containing sundry documents relied upon by the administration of justice in that province over the course of its involvement with Mr. Kedzior. On the consent of all parties a Hospital Report dated September 9, 2025 was entered into evidence and marked as Exhibit 1.
[4]. The parties were canvassed for initial positions. Ms. Zamprogna on behalf of the Hospital expressed the position that Mr. Kedzior continued to represent a significant threat to the safety of the public as that term is defined in section 672.5401 of the Criminal Code and as it has been explained by the Supreme Court of Canada in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. She further expressed the position that it was necessary and appropriate, having regard to the objectives set out in section 672.54 of the Criminal Code, for Mr. Kedzior to continue to be the subject of a detention disposition.
[5]. Both the representative of the Attorney General and counsel for Mr. Kedzior joined the Hospital on all issues.
[6]. For the reasons that follow, the Board has accepted the joint submission. It agrees that Mr. Kedzior continues to represent a significant threat to the safety of the public and that a detention disposition is necessary and appropriate to manage his risk, having regard to the objectives set out in section 672.54 of the Criminal Code.
Evidence at the hearing
[7]. The evidence for the hearing came from the Hospital Report and the viva voce evidence offered by Dr. Ardani, Mr. Kedzior’s treating psychiatrist.
[8]. Turning first to the Hospital Report, it is cumulative in nature and includes a recitation of the Index Offences as detailed in past Reasons for Disposition:
The first two index offences occurred on April 6, 2018, when Mr. Kedzior attacked a male passenger and his wife on a transit bus in response to paranoid delusions that the male victim had a bomb. Mr. Kedzior made racial slurs and spat on the male victim. The third index offence occurred on April 9, 2018, when Mr. Kedzior hit and kicked a man who was in line ahead of him in a government office. He told the man and the man’s wife that there were not Canadian and ought to return to their country. The couple had newly arrived in Canada.
[9]. Mr. Kedzior is now 46 years old. He is a high school graduate who boasted high grades and pursued some university education. His family life has been described as generally positive with supportive parents who separated when Mr. Kedzior was in his 20’s. Mr. Kedzior has positive relations with his brothers and has been employed in a variety of jobs over the years. He began receiving disability support benefits in his mid-20’s and is currently in receipt of ODSP.
[10]. According to the Hospital Report and the documents included in the record regarding his involvement with the criminal justice system and years-long history under the jurisdiction of the British Columbia Review Board (the “BCRB”), Mr. Kedzior has had significant struggles with major mental illness and criminality. His criminal record includes convictions for both property offences and crimes of violence dating back to 2005. Not including convictions for offences against the administration of justice, Mr. Kedzior has been convicted of robberies, possession of weapons, arson with disregard for human life, causing a disturbance, attempts to commit an offence related to arson, assaults, mischiefs, thefts and uttering threats.
[11]. Mr. Kedzior was under the jurisdiction of the British Columbia Review Board following the commission of the index offences beginning in 2018. Since that time, Mr. Kedzior has repeatedly been found to represent a significant threat to the safety of the public and has been consistently subject to detention dispositions that granted privileges up to and including that of indirectly supervised community access and the ability to be in the community for periods of up to 28 days at a time. It would appear that throughout his period under the jurisdiction of the British Columbia Review Board, the privilege of living in the community in accommodations approved by the person in charge of the hospital having charge of him was not granted to Mr. Kedzior. Repeated concerns noted in the record are associated with Mr. Kedzior’s major mental illness, use of substances, persistence of symptoms of major mental illness and global lack of insight.
[12]. Trials in community settings while under the jurisdiction of the British Columbia Review Board resulted in Mr. Kedzior’s absconding and return to the hospital having charge of him by the police. Mr. Kedzior struggled with the expectations of community living and responded threateningly to proposals to attempt further periods of community living.
[13]. Mr. Kedzior struggled while under the jurisdiction of the British Columbia Review Board with frustration tolerance and aggressivity. He engaged in prohibited use of cannabis and amphetamines when experiencing stress associated with the possibility of moving into the community.
Historic struggles with major mental illness and substance use
[14]. As noted in last year’s Reasons for Disposition, Mr. Kedzior was first diagnosed with a mental health condition in 2003. He has a lengthy history of hospitalizations as a result of the symptoms of his psychosis across three provinces. Some admissions were brief while others included lengthy periods in psychiatric units. Throughout, he has suffered with symptoms of suicidal ideation, depression, aggressivity, delusions, anxiety and situational crises. His symptoms have been exasperated by stresses associated with homelessness – a state frequently complicated by persecutory delusions that dissuaded him from attending supports from homeless shelters. His clinical presentation has included mania, bizarre behaviour, disorganization, elevated or labile affect and auditory hallucinations.
[15]. In February 2014, Mr. Kedzior was admitted to the Hospital’s Forensic Program in St. Thomas, Ontario under a 30-day assessment order for criminal responsibility stemming from charges of arson, failure to comply and mischief over $5000.
[16]. With regard to substances, Mr. Kedzior began drinking alcohol when 17 years old. He has a lengthy history of decompensating, daily cannabis use and has reported experimentation with stimulants, including cocaine and ecstasy, and psilocybin.
Course while under the British Columbia Review Board
[17]. The record included a host of documents, including Dispositions and Reasons for Disposition for the period of time during which Mr. Kedzior found himself under the jurisdiction of the British Columbia Review Board (2018 to 2023). Throughout that period, Mr. Kedzior struggled with insight and continued to experience the symptoms associated with his major mental illness. Annually, he was ordered detained at the Hospital by the BCRB. His privileges never extended to the point where the BCRB authorized the privilege of living in the community in any form of housing approved by the person in charge. When efforts were made to transition Mr. Kedzior into the community, he absconded and had to be returned to the hospital by police. Mr. Kedzior’s insistence that someone cook for him fueled his purposeful sabotaging of all efforts to progressively reintegrate him into the community.
[18]. While in hospital in British Columbia, Mr. Kedzior went through multiple periods of isolation as a result of aggressivity and low frustration tolerance. He relapsed into both cannabis and amphetamine use that he attributed to the stresses associated with possible transitioning into living in the community. Ultimately, on September 16, 2024 he was transferred to Ontario to be closer to family supports, including those offered by his mother and a brother. As stated in last year’s Reasons for Disposition, since arriving at the Hospital in St. Thomas, Ontario, Mr. Kedzior has manifested a complex risk profile that requires comprehensive and nuanced assessment. His history is troubling. He has used threats and violence to control his environment and seek admission to hospital even while in the course of being reintegrated into the community. In the past he has engaged in criminal activity to secure accommodation in jail. He has a history of violent acts including arson. He has been banned from several shelters in Ontario due to his behavioural instability. He struggles with effective problem-solving and has difficulty managing his emotions. He has a history of turning to substance use to cope with stressors, which leads to decompensation, aggressive behaviour and then feelings of depression as he expresses regret and hopelessness for relapsing.
Course over the past review period – 2024-25
[19]. The Hospital Report’s update for the purposes of this hearing begins at page 43. He is currently diagnosed with:
Schizoaffective Disorder, bipolar type, currently in partial remission
Unspecified Anxiety Disorder
Cannabis Use Disorder, severe, in remission in a controlled environment.
[20]. Positives over this period of review are notable. Mr. Kedzior has not experienced periods of mania or depression. He has generally had a good level of energy and has been polite with co-patients and the treatment team. He has been participating better in structured programming. He has not exhibited features of chronic excessive anxiety or worry. He has been attending group programs and peer outings appropriately despite experiencing anxiety that he may need medication while out on passes. This anxiety seems associated with his history of committing mischiefs to obtain cigarettes and money. He has been able to identify some of the symptoms of his mental illness and has developed an awareness that “panic-like” episodes are transient in nature.
[21]. Mr. Kedzior has been able to plan his day independently and there have been no incidents of financial concern over brief periods of community access. When provided with health teaching about therapeutic relationships and boundaries, Mr. Kedzior has expressed remorse for periods when he exhibited a poor situational awareness of personal boundaries. There have been incidents when Mr. Kedzior has been able to demonstrate his progress in this area with the support of staff. He has participated in occupational therapy and has expressed a willingness to engage in an OT assessment over the course of the next review period. He is not willing to receive psychological treatment or DBT group sessions, feeling that “any form of psychology is a mental messing with your brain.”
[22]. While Mr. Kedzior’s insight into his need for treatment remains underdeveloped and continues to fluctuate, he has demonstrated an understanding of his medications and has remained compliant with the treatment plan in the Hospital’s setting. He does not however like taking medications and has limited insight into the impact of substances, including cigarettes, on his antipsychotic medications. He has continued to prioritize smoking over symptom resolution.
[23]. While Mr. Kedzior has distanced himself from his “racist past,” he continues to minimize his responsibility for previous violent acts, particularly when those acts of environmental aggression. He has not developed insight into the fact that the breaking of windows and commission of property offences also represent destructive acts that can have violent overtones. He is unable to appreciate that assertive treatment of his mental illness is essential to mitigate the risk of future violence. He is unable to appreciate the relationship between his mental disorder and his risk of violence.
Risk Assessment
[24]. The Hospital Report includes an updated Risk Assessment at page 55. After summarizing the historic, clinical and risk management factors tested over the course of the HCR-20, Version 3, as well as the Structured Assessment of Protective Factors for Violence risk (the “SAPROF”), it concludes that Mr. Kedzior represents a low risk for violence of the type described in section 672.5401 of the Criminal Code, so long as he lives in the Hospital. His risk increases to moderate if living in a supervised setting in the community. His risk increases to “very high” if given an absolute discharge. His re-offence scenario is set out as follows:
Mr. Kedzior is currently experiencing residual and negative symptoms of his mental disorder. His insight is underdeveloped. He has not optimally engaged in psychotherapeutic treatments, in particular for his extensive substance use history, history of traumas, and dysfunctional coping mechanisms. Absent ongoing forensic supervision, Mr. Kedzior would be unlikely to secure professional support, stable housing, and abstain from substance use. He would likely resort to past communities of belonging, e.g., shelters, to meet his basic needs. This environment has historically precipitated decompensation of the symptoms of his mental disorder, via increase in the level of stress, relapses of substance use, and criminality. Without the support and supervision of a mental health team, he would quickly relapse into these patterned behaviours, which would significantly increase his risk of violence, as evident by the history of legal involvement and the most recent index offence in 2018.
[25]. Bearing the foregoing in mind, the Hospital Report sets out the expectations for the next review period. It is expected that the treatment team will continue to build rapport with Mr. Kedzior and will integrate his personal supports into his treatment plan. The treatment team will continue treatment planning discussions around the level of support needs and risk-related factors when considering community living. Mr. Kedzior will engage in an OT Assessment as part of an overall community readiness assessment. He will continue to receive psychoeducation regarding both pharmacological and non-pharmacological treatments.
[26]. In his viva voce evidence to the Board, Dr. Ardani provided the Board with a valuable update. He explained that Mr. Kedzior continues to display both negative and residual positive symptoms of schizophrenia as well as some anti-social personality traits. Dr. Ardani indicates that Mr. Kedzior had participated in a Psychopathy Checklist Revised personality assessment, the results of which were still pending. He said that Mr. Kedzior lacks insight into ongoing negative symptoms and the impact of those negative symptoms on his motivation. He continued to explain that Mr. Kedzior also lacks insight into residual positive symptoms and how they impact Mr. Kedzior’s ability to communicate with key supports like the treatment team.
[27]. According to Dr. Ardani, these are not the only areas where Mr. Kedzior’s insight needs to be improved. Mr. Kedzior has no insight into his need for treatment associated with the anxiety he experiences. He is unwilling to engage in psychological treatment.
[28]. Dr. Ardani specifically addressed concerns associated with the impact of substances on Mr. Kedzior’s major mental illness. Dr. Ardani stated that cannabis is “adding fuel to a fire” for Mr. Kedzior. Dr. Ardani explained that the use of any substance is a trigger for Mr. Kedzior whose mental state Dr. Ardani described as “fragile.” Dr. Ardani confirmed what was stated in the Hospital Report relative to Mr. Kedzior’s insight into the role his major mental illness and use of substances played in the commission of the index offences.
[29]. Dr. Ardani explained that Mr. Kedzior is at greatest risk of rapid and unpredictable decompensation when he feels that his needs are not being met. Mr. Kedzior avoids being in the community because of his experiences with the setbacks he has experienced in the course of prior attempts to ease him towards the ultimate objective of reintegration into the community. The Hospital is addressing this by involving him in activities that will incentivize him and help build his confidence when outside of the Hospital setting. Dr. Ardani expressed concern that Mr. Kedzior was becoming too comfortable at the Hospital and was manifesting too much anxiety at the thought of discharge. Even so, Dr. Ardani expressed confidence that Mr. Kedzior would be able to progress in his treatment plan to increased levels of confidence when in the community. The need to reassure Mr. Kedzior of the presence of ongoing supports when outside of the Hospital setting was highlighted by Dr. Ardani in both his answers to counsel for Mr. Kedzior and in his answers to members of the panel.
Submissions
[30]. At the end of the evidence the parties renewed the joint submission offered to the Board at the hearing’s outset. All agreed that the evidence supported a finding that Mr. Kedzior continued to represent a significant threat to the safety of the public and that a detention disposition was necessary and appropriate having regard to the objectives set out in section 672.54 of the Criminal Code.
Analysis and conclusion
[31]. The Board benefitted from this joint submission and agreed entirely. In doing so, it did not arrive at its conclusion lightly. The finding that an individual represents a significant threat to the safety of the public has been described as an onerous one requiring evidence that exceeds the point of speculation. The Board must be convinced on clear and cogent evidence that there is a real likelihood that, absent a disposition, an individual will commit serious offences that will result in serious harm of a physical or psychological nature. A low likelihood of serious harm will not suffice, nor will a high likelihood of trivial harm to satisfy the threshold finding. There must be a real likelihood of serious criminality coupled with serious harm flowing from the commission of the offence contemplated.
[32]. In the case of Mr. Kedzior, the determination of significant threat is driven by his major mental illness, lack of insight, struggles with substance use, lack of social supports and current difficulty reintegrating into the community. Mr. Kedzior has made progress in this last reporting period leading up to this Annual Review, but still lacks insight, experiences anxiety associated with reintegration into the community and requires the support of the Hospital to manage necessary antipsychotic medications and to support him in both managing stresses and abstaining from substances. His progress is fairly recent and is positioned against a long history of difficulty with major mental illness leading or contributing to the commission of serious criminal offences. Furthermore, the absence of depression and mania is a recent development even in the context of this past review period as Mr. Kedzior experienced delays in pass progression as a result of both the primary and secondary symptoms of his psychosis. Applying the test enunciated in section 672.5401 of the Criminal Code and the principles set out by the Supreme Court of Canada in Winko, the Board agrees that Mr. Kedzior represents a significant threat to the safety of the public. Absent a disposition, he would be homeless, would engage in the use of substances, stop taking his prescribed anti-psychotic medications and resort to the serious criminal conduct he has engaged in historically when under similar circumstances.
[33]. The Board also agrees that a detention disposition is necessary to manage the risk posed by Mr. Kedzior. While the Board is encouraged by the fact that Mr. Kedzior has made progress, he is still lacking insight into his major mental illness, the impact of substances, including cigarettes, on his treatment and level of risk posed to the public, and has been resistant to recommended psychological approaches to his major mental illness. He requires support in maintaining treatment adherence and in managing stresses that have caused him to act out aggressively over the course of the earlier stages of this reporting period. Considering the primary objective set out in section 672.54 of the Criminal Code associated with the assurance of the safety of the public, it is clear that the Hospital must have the ability to respond quickly to early signs of decompensation given the speed with which this may occur when Mr. Kedzior is exposed to stresses and when the efficacy of his antipsychotic medications is affected by his decision to continue to smoke cigarettes. A lesser disposition would be insufficient to achieve the primary objective, particularly given the precarious nature of the progress he has recently made and its high level of dependence on the structured and supportive environment offered by the Hospital.
[34]. The plan put forward by the Hospital for the coming year is hopeful. It meaningfully addresses the difficulties Mr. Kedzior has experienced when transitions into the community were contemplated. It provides him with the necessary supports, social interactions, group therapies and offers psychological support and treatment that could help Mr. Kedzior in meaningful ways. It seeks to give him experiences in the community that will grow his capacity for reintegration. The Board is convinced that this plan addresses his mental health and other needs, including the ultimate objective that drives all of our considerations.
[35]. As a result, the Board has concluded that Mr. Kedzior continues to represent a significant threat to the safety of the public and that a detention disposition is necessary and appropriate, having regard to the provisions of section 672.54 of the Criminal Code. An order will issue accordingly.
[36]. The Board thanks all who participated in this hearing, congratulates Mr. Kedzior for the progress he has made, and encourages him in his level of engagement with and trust in the treatment team over the course of this next reporting period.
DATED this 29th day of December 2025, at the City of Toronto, in the Toronto Region.
D. Sandor Legal Member
Office of the Registrar Ontario Review Board