Ontario Review Board
Re: Justin Sherwood
ORB File No. 7518
Hearing Date: March 4, 2025
Hearing Location: St. Joseph’s Healthcare, Hamilton, West 5th Campus
Pursuant to: Section 672.81(1) of the Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. C. Flanagan
Members: Dr. K. Hand
Dr. A. Kerry
Mr. A. Mete
Mr. K. McKenna
Parties Appearing:
Accused: Justin Sherwood Counsel: Mr. A. Rai
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated April 8, 2025)
Introduction
Mr. Sherwood was found not criminally responsible on March 28, 2019, for the criminal code offences of aggravated assault and disobeying a court.
He is currently subject to a discharge with conditions. One of the conditions requires him to reside at either 25 Church Road, Waterford, Ontario or 181 Jackson St. W. in Hamilton.
A panel of the Ontario Review Board convened this annual hearing on March 4, 2025, at St. Joseph’s Healthcare, Hamilton, West 5th Campus (St. Joseph’s) to review the current Disposition.
At the commencement of the hearing, the Hospital recommended a continuation of the existing conditional discharge with the removal of the specified residences. Counsel for the Attorney-General and counsel for Mr. Sherwood supported this recommendation.
After considering the evidence, the panel agreed that Mr. Sherwood remained a significant threat to the safety of the public, and that a continuation of the conditional discharge was necessary and appropriate. The panel also agreed that removing the residence clause from last year’s Disposition was appropriate.
Index Offence
- The following is a synopsis of the facts related to the index offence. Mr. Sherwood was initially charged with attempt murder, and subsequently found not criminally responsible of aggravated assault.
The victim in this Attempt Murder is 63-year-old James SHERWOOD. He is the father of 36-year-old accused, Justin SHERWOOD. James SHERWOOD and Jill SHERWOOD, Justin's parents, are no longer together. Justin SHERWOOD and his parents have a volatile relationship which may be attributed to allegations that Justin SHERWOOD is a person living with the Mental Health diagnosis of Paranoid Schizophrenia.
On 13 January 2018 at approximately 3pm, the accused, Justin SHERWOOD, arrived at his father's residence located at 6 Brant Road in the County of Brant. Justin was not invited to the residence and James SHERWOOD had no prior knowledge that Justin would be coming to the residence. While at the James SHERWOOD residence, Justin and James began arguing over financial matters. During the verbal argument, Justin SHERWOOD picked up a chair and threw it at James SHERWOOD. James SHERWOOD received minor injuries from being struck with the chair.
After throwing the chair, Justin SHERWOOD then grabbed a twentyfour-inch long barbecue knife and charged towards James SHERWOOD. James SHERWOOD blocked Justin SHERWOOD as Justin tried to punch the knife into James's chest.
A struggle continued resulting in Justin SHERWOOD slicing James SHERWOOD's head with the knife. James SHERWOOD repeatedly shouted 'stop' and 'you are going to kill me'.
After slicing into James' head, Justin continued the assault on his father. Justin continued to repeatedly stab at James with the knife. James was able to defend himself from Justin.
The ensuing scuffle resulted in both Justin and James being stabbed in their legs.
During the fight, Justin also grabbed a number of household items and threw them at his
father. This resulted in the various household items being damaged.
After stabbing and slicing James SHERWOOD with the knife, Justin SHERWOOD fled the residence leaving his father severely injured. James SHERWOOD was able to call 911 and eventually received thirty-two stitches to his head, and seven stitches to his left leg.
On or about the 31st of January 2017, Justin SHERWOOD committed an assault on his mother Jill SHERWOOD. This matter was dealt with by way of a Peace Bond, dated 2017 October 17, signed by the Honourable Justice K A. SHERWOOD in Norfolk County. This Peace Bond has an expiry date of 2018. One of the terms of the Peace Bond was to have no contact with Jill or James Sherwood without their permission.
Evidence
The evidence at this hearing consisted of the Hospital Report dated February 21, 2025, and the testimony of Dr. Prat, Mr. Sherwood’s treating psychiatrist. The Hospital Report was prepared for this hearing, and provides a detailed review of Mr. Sherwood’s personal and mental health history.
His diagnoses are Schizophrenia and Substance Use Disorder in Full Remission.
In his mid-twenties Mr. Sherwood’s behaviour became erratic and aggressive. His mother purchased a small home for him, but he did not manage well living on his own. He spent a considerable amount of time shuffling his residence between shelters, and the homes of his mother, father, and grandmother.
Mr. Sherwood worked part-time at various jobs for short periods of time. His longest period of employment was at Entourage Technology Solutions for approximately two years.
Mr. Sherwood attended one year of college at Sheridan.
Mr. Sherwood is not married and has no dependents.
He has no criminal record, but he has been charged with three criminal code offences for which he received mental health diversion.
He was first diagnosed with schizophrenia in 2004. On various occasions he was violent towards his mother, such as, dumping hot coffee on her head, pushing her down to the ground and smacking her head multiple times. He also set fire to his father’s house. In October 2005, he was admitted to Brantford General Hospital.
Mr. Sherwood’s mother indicated, that after discharge from hospital, Mr. Sherwood would typically take his medication for a few months then stop. He would also take the dosage of medication he preferred rather than take the prescribed amount.
The Brantford General Hospital’s report of 2005 describes Mr. Sherwood as very angry and with him stating that he was a “fallen priest.” He spoke of demons, and appeared to be responding to internal stimuli. On discharge, Mr. Sherwood stated that he would not take his medication.
In 2006, Mr. Sherwood attended the Brantford hospital expressing sadness and the occasional thought of suicide. He advised that he had not been taking his prescribed medication.
Between 2005 and 2013 Mr. Sherwood was admitted to hospital for psychiatric care on approximately 14 occasions. These hospitalizations were usually initiated by Mr. Sherwood attending the hospital feeling anxious or experiencing suicidal thoughts and requesting admission, or his mother obtaining a Form 2 under the Mental Health Act, after seeing her son’s behaviour deteriorate and his symptoms intensify. The hospital records note the psychotic symptoms as persecutory and grandiose delusions, auditory hallucinations, and paranoia. He consistently stopped taking his medication after being discharged from hospital.
Mr. Sherwood was followed at various times in the past by physicians at the outpatient clinic at Brantford General Hospital. He has also been referred over the years to the Brantford Assertive Community Treatment Team, and the mood and anxiety disorders Community Psychiatry Clinic. He was referred to the Community Psychiatry Clinic in 2016 but did not attend. He has also been assisted in the community by a CMHA worker.
Mr. Sherwood has a long history of using marijuana. It does not appear that alcohol use or the use of other substances have been a significant issue.
In the year preceding the index offence Mr. Sherwood had regularly scheduled meetings with the Brantford Canadian Mental Health Association. According to his case worker, he did not attend any of the meetings.
On January 2, 2018, according to police records, Mr. Sherwood contacted the police and reported that he saw a man with a shotgun and believed this man was in the basement below Mr. Sherwood’s room. Mr. Sherwood was living in a motel that did not have basements. His girlfriend informed the police that Mr. Sherwood had not left the room that particular day, and that the noise Mr. Sherwood heard was in fact the furnace.
Mr. James Sherwood, the victim of the index offence, advised that his son had been at his property every couple of days prior to the index offence requesting money. His son had been sending strange threatening text messages to friends. James Sherwood also advised that his son had punched him in the head approximately 1 month prior to the index offence after he told his son to leave the property. Justin Sherwood was still bound by the Peace Bond requiring him to have no contact with James Sherwood and to not be on his property.
Information was also received from Mr. Joe Carriere, a friend of James Sherwood. He indicated that Justin Sherwood would contact him and engage in a very “weird” conversation. It appeared to Mr. Carriere that Justin was becoming increasingly paranoid.
Following the index offence, Mr. Sherwood was admitted to hospital on February 2, 2018 to restore his fitness to stand trial. He presented as disheveled with significant disorganization of thought process. His thoughts were delusional involving corporate manslaughter, conspiracies involving financial institutions, and his father stealing money from him. He did not believe he had schizophrenia or any need for medication. He was described as thought disordered with highly paranoid thinking and unpredictable behaviour.
He was started on Olanzapine and Quetiapine which improved his mental stability. The delusions subsided with the medication but were not eliminated.
In November 2018, Mr. Sherwood began receiving Risperidone, a long-acting injectable antipsychotic. He has been compliant with receiving this injection.
Dr. Prat met with Mr. Sherwood to discuss the index offence, Mr. Sherwood was convinced that he was the victim of a conspiracy, that a “bank manslaughter” had occurred, and that it was linked to his family. He went to his father’s home to clarify the situation, and expose his father and uncle’s illegal cannabis business.
Mr. Sherwood made gradual but steady progress. In 2022 he began overnight visits with his mother in Waterford. Although mentally stable, his lack of motivation was a concern to staff and his mother.
On May 31, 2022, he was discharged from the hospital to live with his mother. He lived in a converted workshop on the property, which did not have plumbing or kitchen facilities for cooking. He would attend his mother’s home to eat and bathe.
In August 2022, Mr. Sherwood was briefly readmitted to the hospital after testing positive for cannabis. He admitted that he had been visiting his girlfriend in Toronto, which is outside of the St. Joseph’s catchment area, and contrary to his Disposition.
He had obtained employment with Proctor and Gamble, which is located near his mother’s residence. He typically worked 2-3 shifts per week.
In 2023, Mr. Sherwood was granted a conditional discharge, with a term that he reside at 25 Church Rd. in Waterford.
Throughout 2024, he reported appropriately to the forensic outpatient program (FOP), and maintained mental stability. He often expressed, however, feeling isolated. He mentioned to his FOP case manager that he was reminiscing about his time in the Armed Forces and reliving his experiences.
Mr. Sherwood’s FOP case manager became concerned with his presentation during a meeting on January 9, 2024. He appeared to be withdrawn and lack any motivation. The case manager contacted his mother, who also expressed similar concerns. She indicated that he isolates himself, does not socialize, spends most of the day in bed, and has not worked in a few weeks.
During a meeting with FOP, Mr. Sherwood expressed that he has low energy and “no reason to get out of bed.” He asked to be readmitted to hospital. Mr. Sherwood was readmitted on January 25, 2024.
The case manager discovered from speaking with Mr. Sherwood’s pharmacist that he had not been adherent to his medication regimen for a year.
Mr. Sherwood was discharged back to the community on March 21, 2024. He moved into subsidized housing at 181 Jackson St. W. in Hamilton. At this time, he formally quit his job at Proctor and Gamble.
He has remained relatively stable since his discharge. He adheres to his medication, and attends his outpatient appointments. He has remained abstinent from alcohol and substances.
In September 2024, there was a fluctuation in his condition. His mood appeared lower, and there was an increase in his thought disorganization. It was discovered that he had occasionally missed taking his Quetiapine. Mr. Sherwood reported that the reminiscing about the Armed Forces had intensified.
The case manager expressed the importance of a structured routine since Mr. Sherwood’s lack of motivation, and not having any vocational activities, can have a detrimental effect on his mental health.
Dr. Prat acknowledged in answering questions from counsel for Mr. Sherwood that Mr. Sherwood has not been readmitted because of violent or aggressive incidents, and that all his UDS have been negative for alcohol or drugs.
Submissions
- The parties continued to agree after the evidence that a continuation of the current conditional discharge was appropriate. Reference was made to Mr. Sherwood regressing in September 2024, but also, to there being no violent or aggressive behaviour in the past year.
Analysis
After considering the evidence, the panel agrees with the parties that Mr. Sherwood remains a significant threat to the safety of the public, and that this risk can be appropriately managed under a conditional discharge.
He has successfully transitioned into the community, but has not engaged in any vocational activities, and suffers from a lack of motivation.
He has this past year missed some doses of Quetiapine, which in the past, has resulted in a deterioration of his mental health, and readmission to hospital in January 2024. Mr. Sherwood has a significant history of not taking his medication, so continued oversight by the outpatient professionals is important. Through regular meetings, FOP will be alerted to a change in his presentation which can be closely monitored.
It is also quite likely, that given his lack of motivation and energy, if he were not subject to a Disposition he would disengage from treatment altogether.
When unwell, Mr. Sherwood has behaved with extreme violence as evidenced by the index offence and the assaults on his mother. The safety of the public requires that Mr. Sherwood be monitored and supervised by the outpatient teams. A deterioration in his condition that is not detected early would increase his risk to public safety. The evidence does support a conditional discharge as being appropriate to manage this risk.
Mr. Sherwood is no longer residing with his mother so the residence clause in the current Disposition should be removed.
In coming to this conclusion, the panel has applied the principles in s. 672.5401 of the Criminal Code.
Dated this 8th day of April 2025, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
Office of the Registrar
Ontario Review Board