Re William Warwick, 2025 CanLII 42617

Ontario Review Board

Re: William Warwick

ORB File No: 6662

Hearing held on: Thursday, April 3, 2025

Place of hearing: Waypoint Centre for Mental Health Care 500 Church Street, Penetanguishene

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

Before:

Alternate Chairperson: Mr. M.D. Segal Members: Dr. K. Hand Dr. G. Kerry Ms. M. Chamberlain Mr. J. Cyr

Parties Appearing:

Accused: William Warwick Counsel: Mr. A. Rai

The person in charge of hospital: Representative: Ms. T. Newman

Attorney General of Ontario: Counsel: Ms. J. Armenise

REASONS FOR DISPOSITION

(Dated May 7, 2025)

1. On December 15, 2014, William Warwick was found not criminally responsible on account of mental disorder on a charge of attempt to commit murder, contrary to the Criminal Code of Canada (the “Criminal Code”).

2. Mr. Warwick is subject to a Disposition of the Ontario Review Board (the “Board”) dated April 17, 2024, which orders that he be detained at the Waypoint Centre for Mental Health Care –Provincial Forensic Programs Division (“Waypoint” or the “Hospital”), with hospital grounds privileges, beyond the secure perimeter, escorted by staff.

3. On Thursday, April 3, 2025, the Ontario Review Board convened a hearing at Waypoint pursuant to s. 672.81(1) of the Criminal Code. Mr. Warwick was in attendance and was represented by his counsel, Mr. Rai.

Position of the Parties

1. Ms. Newman, on behalf of the hospital, recommended no change to Mr. Warwick’s current Disposition. This position was supported by Ms. Armenise, on behalf of the Attorney General. Mr. Rai stated that his client conceded the issue of significant threat and was in agreement with the Hospital’s position regarding the Disposition Order.

Background and Index Offences:

5. Mr. Warwick was born in Hamilton, Ontario. Mr. Warwick attained normal developmental milestones, but described himself as having been a “very quiet” child. Mr. Warwick was the third in a sibline of four children born to Walter and Marion Warwick. Mr. Warwick’s father, Walter, died in 1977 at the age of 69. Mr. Warwick’s mother, Marion, died of “old age” in 2007 at the age of 94. Mr. Warwick’s older brother, Walter, resides in Ancaster. His older sister, Marnie, died in a house fire in 1992 at 57 years of age and his younger sister, Colleen, passed away from cancer in 2020 at the age of 72.

6. Mr. Warwick struggled in school and did not have friends. He left school in grade nine. In his late teens, Mr. Warwick enrolled in the Canadian Armed Forces. He attended training in Petawawa. After a few weeks, his mental health deteriorated to the point that he required hospitalization in Ottawa. He was discharged from the Canadian Armed Forces on account of his mental health.

7. Mr. Warwick is diagnosed with having Schizophrenia, Paranoid Type

8. The circumstances of the index offences are taken from last year’s Reasons for Disposition, as follows:

“Mr. Warwick’s apartment was being sprayed for bugs. The male victim had given Mr. Warwick a key to his place and permission to use it until Mr. Warwick could return to his own apartment.

On April the 8, 2014, Mr. Warwick entered the male victim’s apartment after knocking several times on the door. The victim was in the washroom. The victim saw Mr. Warwick standing in the kitchen. When the victim entered the kitchen area, Mr. Warwick gave him $5.00 towards food. Mr. Warwick was contributing to groceries because the victim was allowing him to stay at his place. The victim took the money.

As the victim was standing there, Mr. Warwick grabbed him from behind and pushed him against the sink. Mr. Warwick had a yellow box cutter knife in his hand. Mr. Warwick began sawing at the victim’s throat using the box cutter. While engaged in the attack Mr. Warwick kept saying, "You're not Jesus of Nazareth.”

Mr. Warwick sliced the victim’s neck around 5 times. The victim told Mr. Warwick over and over to stop cutting him as he struggled to break free. The victim was able to yell for help as he knew there was a staff member in the hallway.

The victim broke free from Mr. Warwick. As he ran to his front door, a female nurse . . . came over to see what the commotion was about. All she could hear through the door was the victim] saying, “I didn't do anything; I didn't do anything". He opened the door and blood was running down his shirt and he was saying, "He cut me; he cut me!" Mr. Warwick was still standing there. The nurse yelled at Mr. Warwick to return to his apartment. Mr. Warwick didn’t respond. She yelled that command again. Mr. Warwick then walked past both of them with the box cutter knife still in his hand and calmly went into his own apartment.

The nurse applied first aid to until paramedics and police arrived. Mr. Warwick returned twice to the victim’s apartment. He knocked on the door, but was told by the nurse to go back to his own place. The victim was transported to St. Joseph's Hospital. He sustained a 4-inch cut to the front of his neck. There was no damage to any muscles, tendons, or major blood vessels. He required 15 stitches and was administered a CAT scan. He was medically cleared and released from hospital the same day. He has since made a full physical recovery.

The box cutter knife was recovered by police from Mr. Warwick’s apartment. It was sitting on the kitchen countertop. The blade was still extended and was covered in what appeared to be dried blood. The box cutter knife was ultimately sent to the Centre of Forensic Sciences for analysis. A report, dated May 5, 2014, concluded that the victim could not be excluded as the source of the male DNA profile from the blood swab taken from the box cutter knife. The probability that a randomly selected person, unrelated to the victim, would coincidentally share the observed DNA profile is estimated at 1 in 320 quadrillion."

Evidence at Hearing:

1. The evidence at the hearing consisted of the Hospital Report dated March 3, 2025 and the testimony of Dr. Mishra. Mr. Warwick also addressed the Board.
2. Mr. Warwick’s progress since his last annual review is summarized in the Hospital Report as follows:

“Mr. Warwick’s presentation and mental state are largely unchanged from his previous review period. He practices good hygiene, including personal care, laundry, and room tidiness. He is alert, appears comfortable in conversation, and speaks with a normal rate and tone. …

Mr. Warwick continues to endorse positive symptoms of schizophrenia (i.e., auditory hallucinations) and presents with negative symptoms. He remains guarded about disclosing the content of these hallucinations, however has indicated that they are derogatory in nature. With that being said, his clinical team advised that he remains in his room and refuses to leave for any extended period of time for fear that he may gravely harm another person. This may be evidence that his hallucinations incorporate hostile and violent themes. He has also disclosed to his care team that he finds these hallucinations disturbing, demonstrating some degree of symptoms-related distress.”

1. Dr. Mishra testified that he had read the Hospital Report and agreed with its contents and the recommendation contained within it.

2. The doctor informed the Board that Mr. Warwick has been doing relatively well over the last reporting period. He did have a bit of a hard time when a fellow patient died; however, he was doing better more recently.

3. Mr. Warwick has begun to come out of his room more often and watch TV or read a newspaper. Mr. Warwick still experiences symptoms that are religious in nature. When this occurs, he copes by praying or going into his room and reading his Bible. He also requests PRNs when he feels that they are required which is a significant improvement over the previous reporting period.

4. Mr. Warwick wishes to remain at Waypoint. He is well aware of his symptoms and what exacerbates them. He understands that he benefits from the structure and support of the Hospital unit that he is currently on. Dr. Mishra noted that it would be very hard to find another placement with this level of support for Mr. Warwick. Dr. Misha stated that he felt that Mr. Warwick would most likely need to remain at Waypoint for the foreseeable future.

5. Dr. Mishra agreed with Mr. Warwick’s counsel that he has fair insight into his mental illness. He is more engaged in activities on his unit like Christmas celebrations. Mr. Warwick has a strong connection with his treatment team at Waypoint.

6. The Board queried if Mr. Warwick has access to a Chaplin on his unit. The doctor said that he has met once with the spiritual care team but had not wanted to do so again - most likely due to Mr. Warwick’s difficulty with new people. Dr. Mishra also noted that he had been referred to CBT therapy but did not wish to participate with this.

7. Mr. Warwick also addressed the Board. He wished to correct an item in the Hospital Report about the amount of old age security that he receives. He stated that he gets $717 per month which he is happy with. Mr. Warwick also thanked the Board for having the hearing and thanked the people at the Hospital who prepared the Report.

Final Submissions:

1. At the conclusion of the hearing, Ms. Newman maintained the Hospital’s position. She thanked Mr. Warwick and commended him on the positive year that he had had. Mr. Warwick’s counsel also thanked his client for his testimony at the hearing. He stated that Mr. Warwick was to be congratulated on how well he was doing and noted that his success was in part due to the strong connection that he had with his treatment team.

Analysis and Conclusion Significant Risk

19. Although the issue of significant risk was not contested at the hearing, the Board nevertheless makes an independent finding that the evidence amply supports a finding of 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. Mishra that Mr. Warwick continues to pose a significant threat. The Board also relies on the Hospital Report, which notes the following:

“Mr. Warwick is diagnosed with a major mental disorder and experiences daily auditory hallucinations that can be distressing. He appreciates the serious consequences of acting on the voices in the past and does not want to hurt anyone.“

Necessary and Appropriate Disposition:

20. Flowing from the Board’s finding that Mr. Warwick continues to pose a significant threat to the safety of the public, it must shape a Disposition for the year ahead. As noted in the Hospital Report:

“Mr. Warwick resides in a unit with a predictable daily routine and his co-patients are stable. Mr. Warwick has created a rigid routine, limiting the time he is out of his room or around others. Mr. Warwick is not pressured to change his routine or participate in treatment or programs. The clinical team believes that Mr. Warwick’s stability is largely attributed to his structured routine in a stable environment. He takes comfort in this and does not want changes for the coming year. The clinical team respects and supports this.”

21. Stability will be paramount in managing Mr. Warwick’s mental health over the upcoming reporting period. Accordingly, the Board agrees with the joint position of the parties that the necessary and appropriate Disposition is a continuation of the current Disposition.

22. In making this Disposition, the Board carefully considered the positions and submissions of the parties and the evidence of Dr. Mishra 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. Warwick’s mental condition, their reintegration into society and their other needs.

DATED this 7th day of May 2025, at the City of Toronto, in the Toronto Region.

Ms. M. Chamberlain

Legal Member

Office of the Registrar

Ontario Review Board