Ontario Review Board
Re: Michael D. Zagozdzon
ORB File No: 8156
Hearing held on: Tuesday, January 28, 2025
Place of hearing: St. Joseph's Healthcare Hamilton
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Weinstein
Members: Dr. R. Buckingham
Dr. L.O. Lightfoot
Mr. K. McKenna
Ms. B. Little
Parties Appearing:
Accused: Michael D. Zagozdzon
Counsel: Mr. A. Rai
The person in charge of hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. K. Malkovich
REASONS FOR DISPOSITION
(Dated February 25, 2025)
Introduction:
On September 6, 2022, Mr. Michael D. Zagozdzon was found not criminally responsible on account of mental disorder on a charge of robbery, contrary to the Criminal Code of Canada (“Criminal Code”).
Mr. Zagozdzon is subject to a Disposition of the Ontario Review Board (the “Board”), dated February 5, 2024, which orders that he be detained at the Forensic Psychiatry Program of St. Joseph's Healthcare Hamilton - West 5th Campus (“St. Joseph's”).
On January 28, 2025, the Board convened a hearing at St. Joseph's to conduct the annual review of the current Disposition.
Mr. Zagozdzon was present and was represented by his counsel, Mr. A. Rai.
Mr. Zagozdzon is deaf. At this hearing, the panel and Mr. Zagozdzon had the benefit of two interpreters using American Sign Language so that Mr. Zagozdzon was able to know all of the evidence in his case.
A Hospital Report, dated January 14, 2025 (the "Hospital Report"), was entered as Exhibit 1.
The issue at this hearing is whether Mr. Zagozdzon is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
For the reasons set out below and based on the expert evidence and opinions before it, the Board concluded that Mr. Zagozdzon continues to represent a significant threat to the safety of the public. The Board ordered that the necessary and appropriate Disposition in the circumstances is a Conditional Discharge, subject to the terms set out in our formal Disposition.
Current Psychiatric Diagnoses:
- Bipolar I Disorder, most recent episode manic, with psychotic features, in full remission
Cannabis Use Disorder, in sustained remission, in a controlled environment
Index Offence:
- The circumstances giving rise to the Index Offence are extracted from last year’s Board Reasons, as follows:
“On the 1st of January 2022 at approximately 4:07AM, the accused Michael ZAGOZDZON