Re: Jakub Majka
ORB File No: 8289
Hearing Held On: Monday, September 22, 2025
Place of Hearing: Waypoint Centre for Mental Health Care
Pursuant To: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Ms. T. Mann Members: Dr. K. Hand Dr. G. Kerry Ms. A. La Viola Ms. R. Chopra
Parties Appearing: Accused: Jakub Majka Amicus Curiae: Mr. D. Northcott Person in charge of Hospital: Representative: Ms. M. Kraftscik Attorney-General of Ontario: Counsel: Ms. S. Curry
REASONS FOR DISPOSITION
(Dated December 19, 2025)
OVERVIEW
- Jakub Majka was found not criminally responsible on account of mental disorder on May 1, 2023. The charges consisted of three counts of trafficking a Schedule I substance, and two counts of possessing a Schedule I substance for the purpose of trafficking, contrary to the Controlled Drugs and Substances Act. In addition, he was also charged with three counts of possessing property obtained by crime under $5,000, contrary to the Criminal Code. He is currently subject to a disposition of the Ontario Review Board dated July 22, 2024, detaining him at the High Secure Provincial Forensic Programs of the Waypoint Centre for Mental Health Care, with privileges extending to staff-escorted passes on hospital grounds beyond the secure perimeter.
ISSUES
On September 22, 2025, the Board convened at Waypoint for a hearing further to s. 672.81(1) of the Criminal Code to review the disposition. The Board was asked to determine whether Mr. Majka represented a significant threat to the safety of the public at the time of the hearing, and further, what the necessary and appropriate disposition is in the circumstances according to the factors set out in s. 672.54 of the Criminal Code.
At the outset of the hearing, the representative for the Hospital and Counsel for the Attorney General submitted their respective views – Mr. Majka continues to represent a significant threat to the safety of the public – both agreeing that he continues to require the high secure forensic hospital setting at Waypoint, under the current disposition, with no change. Amicus Curiae did not take a position.
FINDINGS
- After the hearing, the Board found that Mr. Majka’s ongoing lack of insight into his mental illness, demonstrated non-compliance with treatment, and significant psychotic delusions create a substantial risk to public safety. Given his history of violence during psychotic episodes, refusal to engage in therapeutic programs, and minimal social support further exacerbate his potential for harm, detention order is necessary and appropriate. Based on his inability to manage his condition independently, a high secure setting is essential to ensure both his safety and that of the community. Less restrictive alternatives would likely lead to relapse, presenting an increased level of risk to himself and to the public.
PERSONAL BACKGROUND
The Hospital Report dated June 13, 2025, was entered as an exhibit at the hearing. The following background information, including the events surrounding the index offences has been taken from the Hospital Report, summarized here as follows.
Mr. Majka trafficked crystal methamphetamine to an undercover officer and was found with possession of the proceeds of crime on September 20, September 30, and October 4, 2022. On November 16, 2022, police arrested him and found methamphetamine, fentanyl, drug packaging, a digital scale, and cash, establishing possession for the purpose of trafficking.
Mr. Majka is currently 37 years old. He was born in Oshawa, and he is the fourth of five children. The family relocated frequently, primarily within that area. His sister provided collateral information, and characterized Mr. Majka as kind, caring, and loving – she did not know him to exhibit aggression. She also recounted traumatic experiences and a high degree of tension within the family environment. Their father, described as an ‘army guy’ who escaped from Poland, struggled with excessive drinking, had a strong interest in boxing, and subjected the children to both physical and emotional abuse, which included witnessing his violent treatment of their mother.
Mr. Majka noted that he had few friends during his school years. He graduated high school and spent a month in Thailand learning kickboxing. Upon his return, his sister noted that he appeared very suspicious and paranoid. He lived with his girlfriend for a few years before moving back to Oshawa when the relationship ended. In 2012, he enrolled in a college sports management program but withdrew due to the emergence of his illness, experiencing distressing delusions involving feelings of being ‘attacked by satellites’. For nearly a decade, he lived on the street, enduring ongoing paranoia, delusions, and instability.
Mr. Majka reports that he began using cannabis in 2012 to help alleviate the ‘satellite voices’ to some extent. He indicated that he did not experience withdrawal symptoms when he stopped using it. He maintains an ongoing perception that crystal methamphetamine combined with benzene is the only drug that could disrupt the ‘satellite’ communications. He managed to obtain it in 2022, using it by inhalation approximately a dozen times over several months.
According to the medical records, Mr. Majka has had at least one intensive care unit admission related to an overdose.
A check of the Canadian Police Information Centre database showed that Mr. Majka has a documented criminal history that includes multiple convictions. Notable offences include an assault on a peace officer in 2013, for which he received a suspended sentence and three years of probation, as well as similar sentences for assault and theft under $5,000 in 2019. Additionally, he was convicted of uttering threats, following an incident where he verbally threatened a couple while appearing to have a weapon, and a conviction for criminal harassment (pleaded down from a sexual assault) involving inappropriate contact with a 17-year-old girl in 2018.
PSYCHIATRIC BACKGROUND
Mr. Majka’s current psychiatric diagnoses are Schizophrenia, Amphetamine-Type Substance (or other stimulant) Induced Psychotic Disorder, Without Use Disorder. He has been found incapable of making decisions about his medical treatment, but he is capable of managing his finances. His sister is his substitute decision maker. Mr. Majka is financially supported by the Ontario Disability Support Program.
From 2012 to 2022, Mr. Majka’s history reflected a persistent cycle of hospitalizations for stabilization, refusal to adhere to treatment, substance use, relapses with psychotic symptoms, homelessness, criminal charges, and diversions through the mental health system.
During this period, he was repeatedly admitted to hospitals under the Mental Health Act and for court‑ordered assessments, often seeking shelter or medication through emergency departments, and discharged back to the community – sometimes against medical advice – to shelters or, for a time, a group home where he showed limited stability.
Between 2020 and late 2022, he was under the care of Ontario Shores, subject to Community Treatment Orders, that were discontinued, reinstated, and renewed. He was deemed incapable of treatment decisions, trialed on long‑acting injectable antipsychotics with partial improvement, but continued to experience significant psychosis. Despite brief periods of engagement, he frequently disengaged from care, was hospitalized for breaching treatment orders, and ultimately lost contact with his treatment team by December 2022. This was discovered when he was arrested for the index offences.
EVIDENCE AT THE HEARING
The evidence included comprehensive testimony from Dr. A. Mishra regarding Mr. Majka’s current mental health status and behaviour. Dr. Mishra stated that Mr. Majka has had relative stability in his mental state and has been compliant with his medications. However, he continues to experience grandiose delusions, polythematic hallucinations (which can encompass a variety of sensory modalities and themes, including visual, auditory, tactile, or even olfactory sensations). Mr. Majka describes these as ‘satellite attacks,’ which have caused him to experience forced actions and physical pain.
Dr. Mishra confirmed Mr. Majka’s history of threats involving criminal charges, including a sexual assault that was later withdrawn, as well as other episodes of inappropriate behaviour. He noted that Mr. Majka’s behaviour is consistent with ongoing symptoms, despite compliance with medication. Dr. Mishra assessed the risk of sexual behaviour as above average and emphasized that the structure and support provided at Waypoint is the best way of managing this situation. At present, there have been no immediate concerns, which is why Mr. Majka has been able to achieve C5 privileges (4 hours independent off-unit access to allowed areas of the hospital).
Dr. Mishra outlined treatment plans focused on maintaining safety, keeping him on the unit, and monitoring compliance. He reported that Mr. Majka recently stated his medications are placebo. He is currently prescribed oral olanzapine, but has said he would stop taking it today, increasing his imminent risk to the public. Dr. Mishra cautioned that if discharged, Mr. Majka would be homeless, without medication, and with access to drugs, which would increase his risk for violence in the community. He continues to speak with delusional content about the CIA, Wells Fargo, and his belief that he will be King of Canada.
In response to questions from Amicus, Dr. Mishra stated that Mr. Majka has not been attending programs or participating in other activities. He noted a recent discussion in which Mr. Majka expressed concerns about his own safety. Dr. Mishra confirmed that Mr. Majka has not had visitors this past year. Regarding his request to leave hospital, Dr. Mishra emphasized that the most important factor is continuing medication, which offers some relief, and working with the team toward eventual reintegration.
After further inquiries from the panel, Dr. Mishra noted that even though Mr. Majka has progressed to C5 privileges, and has become more compliant with medication, a transfer to a less secure facility is not appropriate due to ongoing symptoms, past non‑adherence, and Mr. Majka’s ingrained belief that crystal methamphetamine is the solution.
Overall, Dr. Mishra stated that Mr. Majka’s risk assessments, including the Static‑99, indicate both psychological and physical risk, with a history of sexual contact. He explained that reluctance to use clozapine is due to the need for regular blood tests and monitoring. Dr. Mishra indicated that plans for the point of care, finger-prick blood monitoring system, is in progress but has not yet been implemented. He emphasized that current security levels remain necessary due to ongoing symptoms, lack of insight, and absence of programming.
Testimony by Mr. Majka
- Mr. Majka himself stated that he has been framed as a drug dealer and threatened with a four‑year sentence. He described surveillance and counterintelligence activities over several years. He expressed that he does not need medication, claiming they are placebos and interfere with him. He reported that olanzapine temporarily stopped satellites in his head but believes the active ingredient has been removed. He stated that he wishes to remain at Waypoint, where he feels protected.
SUBMISSIONS
- The Hospital and Counsel for the Attorney General both submitted that supervision and support under the Board’s current disposition remains necessary and appropriate at this time. It is likely that Mr. Majka would discontinue his medications, deteriorate in mental state, and use substances such as crystal methamphetamine without the detention order. Mr. Majka remains a significant threat to public safety. Amicus Curiae did not make any submissions.
ANALYSIS AND CONCLUSION
(a) Significant Threat
The Board must first determine whether Mr. Majka continues to pose a significant threat to the safety of the public as defined in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. Based on the totality of the evidence, including the testimony of Dr. Mishra, recent clinical findings, and the actuarial risk assessment results, the Board concludes that Mr. Majka continues to meet the legal threshold for a finding of ‘significant threat.’
Mr. Majka’s ongoing threat to public safety primarily stems from his profound lack of insight into his mental illness and the risks associated with his non-compliance with treatment.
Despite the effectiveness of his current medication, which has shown some impact on his overall quality of life and symptom management, Mr. Majka does not acknowledge the seriousness of his condition. He perceives that his ability to cope with the delusions related to ‘satellite attacks’ is his own accomplishment, rather than a result of medication, highlighting his poor understanding of his mental health needs. This disconnect raises serious concerns, as he does not recognize the risks tied to his condition or the necessity for continued treatment.
Further, Mr. Majka’s resistance to accepting any form of medication beyond occasional use is alarming. His reluctance to engage with various therapeutic interventions – including addiction recovery programs and anger management – indicates a troubling lack of insight into his substance use history and its potential consequences. This behaviour suggests that he is not ready to confront or alter his maladaptive patterns. His decision to decline therapeutic opportunities reiterates a broader trend of disengagement, which limits the chances of meaningful recovery and places himself and the community at a high risk of danger.
Mr. Majka’s episodes of agitation and his past history of violence, particularly when symptomatic, further accentuate his potential danger to public safety. Notably, there have been instances of suspiciousness towards staff, fleeting thoughts of aggression, and delusions of conspiracy that result in threatening behaviours. These patterns illustrate a heightened risk of violent outbursts or self-harm, particularly in unmonitored settings. His statements about external forces manipulating him underscore the severity of his delusions and require vigilant oversight.
Furthermore, Mr. Majka exhibits a marked degree of social isolation and asocial behaviour, indicating a lack of supportive relationships that could help mitigate risk factors associated with his mental illness and substance abuse. His estrangement from family and refusal to connect with any therapeutic support systems drastically reduce external stabilizing influences. Based on all the foregoing, Mr. Majka continues to represent a significant threat to the safety of the public.
(b) Necessary and Appropriate
The Board must next determine the disposition that is necessary and appropriate in the circumstances. The disposition must embrace the principle of ‘least onerous and least restrictive’ with due consideration given to Mr. Majka’s liberty interests, which must also be consistently weighed together with concerns about public safety (the paramount concern), his mental condition, and his reintegration into society, as required by s. 672.54 of the Criminal Code.
Without a structured environment that enforces treatment adherence, there is a significant risk that he will not engage with necessary therapeutic interventions or medication to mitigate his symptoms. A detention order is deemed necessary and appropriate for Mr. Majka due to several critical factors that underscore his risk to public safety, and the inadequacy of less restrictive alternatives such as less secure hospital settings, or conditional or absolute discharges.
Mr. Majka exhibits a profound lack of insight into his mental illness, showing a limited understanding of the necessity and benefits of his medication. His non-compliance with treatment – refusing to accept the recommended use of long-acting injections and generally declining medications – demonstrates that he is not equipped to manage his mental health independently.
Given Mr. Majka’s history of violent behaviour during episodes of acute psychosis, which are still evident through ongoing symptoms, the potential for him to harm himself or others cannot be overlooked. His past threats of aggression and the manifestation of delusional beliefs about conspiracies place him at a heightened risk of acting out violently if left without strict supervision. A conditional or absolute discharge would likely free him from essential oversight, while increasing the likelihood of negative outcomes.
Without the motivation or insight to seek help, Mr. Majka is not likely to meet the conditions of a conditional discharge, leading to relapse or further deterioration of his mental health. Mr. Majka’s refusal to engage in therapeutic programming, such as addiction recovery groups and counseling, highlights a path without constructive support systems. Conditional discharges require some level of community engagement and accountability, which Mr. Majka has shown he is unwilling or unable to pursue at this time.
Additionally, Mr. Majka continues to experience significant paranoid delusions that interfere with his reality perception. He believes external forces are controlling him, leading to a disconnection from reality that complicates his decision-making abilities. Any lessening of Waypoint’s high security level would place him in situations where he may misinterpret social interactions or perceive threats, where none exist, resulting in confusion or aggression toward others.
Finally, Mr. Majka’s social support is minimal, as he is largely estranged from family, with the exception of one sister. His isolation exacerbates his mental health challenges and provides no buffer against the risks associated with his condition. A detention order ensures he remains within an environment that can provide the necessary support and monitoring while he continues to receive treatment.
In summary, a detention order is the most suitable outcome for Mr. Majka due to the combination of his lack of insight, history of risk behaviours, current symptomatology, and inadequate social support systems. This structured environment not only safeguards public safety but also allows for ongoing treatment and monitoring, which is critical for addressing his mental health needs. Therefore, maintaining his current placement is crucial for both his safety and that of the community at large.
DATED this 19th day of December 2025, at the City of Toronto, in the Toronto Region.
Ms. A. La Viola Legal Member
Office of the Registrar Ontario Review Board