Re: Joshua E. Newkirk-McCoy, 2025 CanLII 144707

Ontario Review Board

Re: Joshua E. Newkirk-McCoy

ORB File No: 8247

Hearing held on: Thursday, October 23, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

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

Before:

Alternate Chairperson: Mr. P. Hageraats

Members: Dr. S. Lessard Dr. G. Boulais Mr. P. Capelle Mr. R. Rainboth

Parties Appearing:

Accused: Joshua E. Newkirk-McCoy Counsel: Mr. M. Davies

Person in charge of hospital: Representative: Dr. J. Gojer

Attorney-General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated December 18, 2025)

Introduction

1On March 3, 2023, the accused, Joshua E. Newkirk-McCoy, was found not criminally responsible on account of mental disorder on charges of robbery (theft from a person with violence), contrary to the Criminal Code of Canada (“Criminal Code”). Mr. Newkirk-McCoy is currently subject to a Disposition of the Ontario Review Board (“ORB”) dated May 14, 2024, which detains him on the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (“ROMHC” or “the hospital”) with privileges up to and including to live in the community in accommodation approved by the person in charge.

2On October 23rd, 2025, a panel of the Ontario Review Board convened a hearing at the ROMHC to conduct an annual review hearing for Mr. Newkirk-McCoy pursuant to s. 672.81(1) of the Criminal Code. Mr. Newkirk-McCoy attended his hearing and was represented by counsel, Mr. Michael Davies. Also present was CMHA worker Tristan McGregor and Behavioural Therapist Ms. Vanessa Setter.

3The issues to be decided by the Board at this hearing are whether Mr. Newkirk-McCoy continues to represent a significant threat to the safety of the public and, if so, to determine the Disposition that is necessary and appropriate in the circumstances.

Without Prejudice Position of the Parties

4Dr. Gojer advised that there were no changes recommended to the existing disposition. That position was joined by Ms. Dufort for the Crown, and Mr. Davies for Mr. Newkirk-McCoy.

Background and Index Offences

5Mr. Newton-McCoy is now twenty-six years of age. He was born in Atlanta, GA, moved to Chicago, IL, at age two, then to Gatineau at age thirteen. Raised by adoptive parents from birth, he experienced their separation at age eight. He reports having almost no memories before age eight, including which parent he lived with post-separation. His memories from Gatineau focus on feeling he had to "grow up fast" due to perceived neglect. He learned to cook and care for himself at a young age, feeling that others "were all doing better things and just left me alone." He denies physical or emotional abuse, though acknowledges his mother may have hit him occasionally. He describes himself as a quiet, well-behaved child. He recalls one incident where he woke up sick to see his mother in his doorway, which concerned him due to fears she may have been molesting him while he slept. He became involved with Children's Aid at age fifteen, became a Crown Ward.

6His adoptive mother is described as very supportive. She advised that his sibling is a 23-year-old transgender male. The brothers have a poor relationship, and the sibling has faced challenges partly due to Mr. Newkirk-McCoy's aggression.

7Mr. Newkirk-McCoy was homeschooled until moving to Gatineau but reports doing minimal schoolwork. He attended high school for one year but often skipped classes and disliked the material. He left school in Grade 10. He believes he obtained his high school equivalency while incarcerated.

8Despite believing he performed well, he has been fired from multiple jobs for allegedly acting bizarrely at work. He describes himself as skilled in construction, reporting he was asked to be a foreman but instead worked as a laborer. He considers himself an excellent roofer but had to work under supervision. He cannot explain the discrepancy between his self-assessed skills and the employment he held. As a result, he was frequently financially dependent on his adoptive mother. He previously had a girlfriend and friends but became suspicious they were portraying him inaccurately and harmfully, leading to loss of these relationships. His adoptive mother confirms this pattern. Mr. Newkirk-McCoy has no children.

9The Hospital Report references Mr. Newkirk-McCoy CPIC record as show extensive legal involvement beginning in 2014 as a young offender. He is said to have accumulated 24 convictions as a young offender, including uttering threats, possession of a substance, robbery, armed robbery, assault causing bodily harm, and failing to comply with recognizance. As an adult, he has seven convictions between December 5, 2018, and February 3, 2020, including assault with a weapon.

10Mr. Newkirk-McCoy believes many of the criminal charges laid against him were exaggerated and more serious than warranted.

11Mr. Newkirk-McCoy acknowledges a Schizophrenia diagnosis but does not believe it is accurate. He admits to experiencing auditory hallucinations and paranoia, though he does not connect these symptoms to Schizophrenia. He reports trying multiple medications without success, including a long-acting injectable antipsychotic. He denies suicide attempts or self-harm

12He was referred to the On-Track First Episode Psychosis program but frequently missed intra-muscular antipsychotic injection appointments. He was discharged in December 2019 due to medication non-compliance and poor engagement.

13On June 5, 2022, police brought Mr. Newkirk-McCoy to emergency after finding him behaving strangely while lying on a stranger's porch. He attributed this to a conflict with his adoptive mother. When assessed he reported feeling "not right" due to an inability to control his thoughts. He stated antipsychotic medications quieted but not eliminate the voices he heard. He felt the voices attempted manipulation but did not command him. He endorsed paranoid delusions that past doctors, family, and strangers were conspiring against him. He claimed the ability to read others' minds and emotions. He reported fasting for seven days to eliminate bodily toxins. Mr. Newkirk-McCoy declined hospital admission and medication. He did not meet criteria for involuntary admission under the Mental Health and was therefore discharged.

14The allegations giving rise to the above-noted charges are extracted from last year’s Reasons as follows:

“According to the Crown Brief Synopsis, on this date, Mr. Newkirk-McCoy Boarded an OC Transpo bus at about 01h55 AM. He was observed getting up from his seat and approaching the victim as if he wanted something from him. The driver stopped the bus to ask if both of them were okay, but Mr. Newkirk-McCoy said everything was fine and returned to his seat. The victim moved seats to be closer to the front of the bus. Mr. Newkirk-McCoy again approached the victim, pointed his hand and fingers at him and appeared as though he was asking him for something. Mr. Newkirk-McCoy then punched and kicked the victim in the head multiple times, stole his Louis Vuitton satchel and wallet, and then ran off the bus. Several OC Transpo Constables were dispatched and attended the scene, where they later located Mr. Newkirk-McCoy walking along the road. Mr. Newkirk-McCoy ran away from them when they asked him to stop, initiating a foot pursuit. During the foot pursuit, Mr. Newkirk-McCoy jumped over a railing, falling straight down about twelve feet. After falling, he stated something to the effect of, “Okay, I’ll stop.” He was arrested and escorted to their cruisers, at which point he spat directly into one of the officer’s face. He was then transported to The Ottawa Hospital’s Civic Campus by ambulance. The victim’s property was not recovered.

It was further noted that Mr. Newkirk-McCoy was placed on probation on September 15, 2022, with conditions that included keeping the peace and being of good behaviour.”

Current Diagnoses:

• Schizophrenia
• Cannabis Use Disorder
• Mixed Cluster B Personality Traits (Antisocial/Borderline)

Evidence

15The Board admitted into evidence the Hospital Report dated September 28th, 2025, as Exhibit 1. The document provides a great deal of information concerning Mr. Newkirk- McCoy’s personal history, mental health history as well as his course in hospital and in the community both prior to and subsequence to the index offences.

16In addition to the documentary evidence the Board also heard from Dr. Julian Gojer. Dr. Gojer advised that Mr. Newkirk-McCoy was discharged to an independent apartment in the days prior to this hearing. He had done well in hospital over the last six months and was therefore ready to transition into the community.

17Responding to questions from Mr. Davies, Dr. Gojer advised that the plan is for Mr. Newkirk-McCoy to see his CMHA worker monthly. Additionally, once a week he will:

• Meet with his addictions’ counsellor;
• Attend the impulse control group with Dr. Gojer;
• Participate in the Bakeology vocational program.

18Responding to questions from the panel, Dr. Gojer advised that Mr. Newkirk-McCoy worries excessively about his bodily functions. However, this does not impact the risk.

19As noted at page 61 of the Hospital Report, Mr. Newkirk-McCoy consumed alcohol while in hospital. Even though there is no term prohibiting the use of alcohol in his disposition, this type of activity in hospital is not permitted and will therefore be closely monitored in the community.

Closing Observations

20Dr. Gojer had nothing to add. Ms. Dufort remained ad idem. Mr. Davies noted that his client has only just been discharged and that there is sufficient opportunity for him to progress in the next 12 months under a detention disposition.

Analysis and Decision

(a) Significant Threat

21Ongoing 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 a criminal offence.

22In determining whether Mr. Newkirk-McCoy 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.

23This panel of the Board unanimously finds that Mr. Newkirk-McCoy 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. Gojer. The Board also relies on the Hospital Report and the evidence contained therein. Mr. Newkirk-McCoy risk is still considered fluid despite Psychotherapist Levia Chan’s positive reflections, contained at page 58 of the Hospital Report:

Mr. Newkirk-McCoy had made significant improvement on his insight into his illness and substance use between May and August 2025 and was discharged from therapy on August 11th, 2025.

24The panel understands that if Mr. Newkirk-McCoy was to resume the use of cannabis he would likely fall away from psychotropic treatment leading to decompensation, the re-emergence of symptoms and engagement in serious criminal acts similar to those seen at the time of the index offences. In light of Mr. Newkirk-McCoy’s very recent community discharge he will require closely spaced oversight by his treatment team, his CMHA worker, his addictions counsellor as well as impulse control programming led by Dr. Gojer and engagement in vocational programming.

25Given the foregoing, this panel of the Board unanimously determines that the necessary and appropriate Disposition required to manage the threat Mr. Newkirk-McCoy poses to the safety of the public while still meeting his needs, is a detention disposition with privileges as set out in the Hospital Report.

26As Mr. Newkirk-McCoy’s current disposition allows for alcohol consumption a cautious approach is warranted. While an in-patient, he consumed alcohol. At page 60 of the Hospital Report, there is an entry which states he intends to resume the use of alcohol in the community. The panel therefore finds that the oversight of detention disposition is required to closely monitor Mr. Newkirk-McCoy and ensure he can be expeditiously returned to the ROMHC in the event the use of alcohol and/or medication noncompliance results in a decompensation of his mental state.

Conclusion

27In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Gojer 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. Newkirk-McCoy’s mental condition and his reintegration into society and other needs.