Ontario Review Board
Re: Michael Hewak
ORB File No: 7153
Hearing held on: Wednesday, March 5, 2025
Place of Hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. C. Flanagan
Members: Dr. K. Hand
Dr. A. Kerry
Mr. K. McKenna
Ms. M. McKinnon
Parties Appearing:
Accused: Michael Hewak
Counsel: Mr. C. Cornale
Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. K. Malkovich
REASONS FOR DISPOSITON
(Dated April 9, 2025)
Introduction
On May 25, 2017, Michael Hewak was found not criminally responsible on account of mental disorder (“NCR”) on charges of robbery, aggravated assault and assault causing bodily harm, all contrary to the Criminal Code.
Mr. Hewak is currently subject to the terms and conditions of a Disposition of the Ontario Review Board (“ORB” or the “Board”) dated March 8, 2024, detaining him at the Forensic Psychiatry Program of St. Joseph’s Healthcare Hamilton, West 5th Campus (“SJHH” or the “Hospital”) with certain privileges including, to live in the community of Southern Ontario in accommodation approved by the person in charge.
On March 5, 2025, a panel of the Board convened at SJHH to conduct Mr. Hewak’s annual review, and to make a Disposition pursuant to s. 672.81(1) of the Criminal Code.
Mr. Hewak attended the hearing and was represented by his counsel, Mr. C. Cornale. Mr. Hewak’s mother also attended the hearing. A Hospital Report dated February 13, 2025, was filed as Exhibit 1 at the hearing.
The issue for the hearing is whether Mr. Hewak continues to pose a significant threat to the safety of the public and, if so, to determine the necessary and appropriate Disposition in all the circumstances.
Initial Position of the Parties
At the outset of the hearing, the parties were canvassed on their recommendations to the Board.
Mr. O’Brien, on behalf of the Hospital, submitted Mr. Hewak represents a significant threat to the safety of the public and recommended a Conditional Discharge Disposition.
Ms. Malkovich, on behalf of the Attorney General of Ontario, submitted that she anticipated aligning with the Hospital's recommendation.
Mr. Cornale, on behalf of Mr. Hewak, conceded significant threat to the safety of the public and supported the Hospital’s recommendation for a Conditional Discharge Disposition.
Index Offences
- The circumstances of the index offences are taken from the Hospital Report as follows:
Aggravated Assault
“On Wednesday, March 22, 2017, at approx. 0023hrs Police were dispatched to 106 Clifton Downs Road in the City of Hamilton for a stabbing just occurred. Prior to arrival, Police were advised that a neighbour had been stabbed by a male. Police learned that a son had stabbed his mother, and he had left the area and he was only wearing boxer shorts. Furthermore, as this incident unfolded several additional calls for service were created outlining a male in boxer shorts was in the street near Mohawk Road West and Garth Street and he was attempting to gain entry to a motor vehicle on the roadway.
Upon arrival at 106 Clifton Downs Road Police were waved down by witness, [RB] and he advised that a female victim had attended his residence with stab wound injuries. Police attended 102 Clifton Downs Road and observed a female, Jose HEWAK with multiple stab wounds to her abdomen, arms and side. Josie was transported to Hamilton General Hospital. Shortly after, Josie stated to Police that he son, Michael HEWAK JR. had not been taking his medication for the past two days and he had been acting strangely. Josie advised that at around midnight Michael began to take off his clothes in the front hallway of their residence and when she questioned him about his behaviour, she was attacked by Michael with a knife resulting in approx. 12-15 stab wounds. The stab wounds suffered by Josie required her to undergo surgery to remove her spleen.”
Assault Causing Bodily Harm and Robbery
“Shortly after the incident at 10