Re Mason Witzing, 2025 CanLII 45887

Re: Mason Witzing

ORB File No: 8652

Hearing held on: Wednesday, April 16, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

Pursuant to: Section 672.47(1) of the Criminal Code

Before:

Alternate Chairperson: Ms. C. Finley

Members: Dr. T. Verny Dr. M. Mamak Mr. D. D’Intino Mr. J. Cyr

Parties Appearing:

Accused: Mason Witzing Counsel: Mr. C. Hurley

The person in charge of hospital: Counsel: Mr. K. Dow

Attorney General of Ontario: Counsel: Ms. N. McDonald

REASONS FOR DISPOSITION

(Dated May 12, 2025)

Introduction

1. On October 18, 2024, Mason Witzing was found not criminally responsible on account of mental disorder, on one count of Aggravated Assault contrary to s. 268(2) of the Criminal Code of Canada (the Code).

2. The Court held a Disposition Hearing on that day and declined to make a Disposition.

3. On April 16, 2025, a panel of the Ontario Review Board convened in person and an initial hearing was held at Ontario Shores Centre for Mental Health Sciences (Ontario Shores). The purpose of the hearing was to determine if Mr. Witzing represents a significant threat to the safety of the public as defined in the Criminal Code of Canada, and if so, the necessary and appropriate Disposition.

4. For the reasons set out below, the Board unanimously finds that Mr. Witzing does pose a significant threat to the safety of the public and that the necessary and appropriate Disposition to manage that risk while meeting his needs is a Conditional Discharge Disposition, with a transfer of his care to Waypoint Centre for Mental Health Care (Waypoint) and the following conditions:

(a) report to the person in charge of the Waypoint Centre for Mental Health Care, or his or her designate, not less than once every four weeks and / or as requested;

(b) abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant. including cannabinoids; any medical use of the above must be approved by the person in charge or his or her designate;

(c) submit samples of his urine and / or breath to the person in charge of the Waypoint Centre for Mental Health Care, or his or her designate, for the purpose of analyzing whether the accused has ingested alcohol, drugs, or any other intoxicant;

(d) advise the person in charge of the Waypoint Centre for Mental Health Care, or his or her designate, in advance, of any absence from his residence of 24 hours or more;

(e) notify, in writing, the Ontario Review Board and the person in charge of Waypoint Centre for Mental Health Care, or his or her designate, within 24 hours of any change in address or telephone number;

(f) keep the peace and be of good behaviour;

(g) may, under 672.92(1)(b) of the Criminal Code, be delivered to the Waypoint Centre for Mental Health Care should the accused be arrested pursuant to section 672.91 of the Criminal Code for a breach or for an anticipated breach of terms of his Disposition; and

(h) not possess any weapons as defined by the Criminal Code of Canada.

Current Psychiatric Diagnoses:

• Hallucinogen and Cannabis-Induced Psychotic Disorder
• Hallucinogen Use Disorder (in sustained remission)
• Cannabis Use Disorder (in sustained remission)

Index Offence:

5. The details of the index offences are extracted from the Hospital Report, which are as follows:

On Saturday the 10th of September 2022 at 7:07 am, PC Pecchia #2188, PC Armstrong #2596, PC Pye-Finch #2532 and A/Sgt #1745 responded to [address in Richmond Hill, ON] in regards to an Injured Person. Preliminary information from the complainant advised that he had been stabbed in the back and required police and ambulance.

Upon arriving on scene PC Pecchia located the complainant, later identified as Michael WITZING, standing on the front porch talking on the phone with call-takers. Michael was holding a black t-shirt to his back and bleeding. He was escorted away from the residence and CPR was administered until EMS arrived. Michael had a two-inch laceration on his mid-right back which appeared consistent with an edged weapon.

PC Armstrong and PC Pye-Finch contained the residence until additional resources arrived on scene. Michael advised that he was stabbed by his son, Mason WITZING, while he was sleeping. Michael was transported to Sunny Brook [sic] Hospital by EMS Unit #3471. The victim was treated in the trauma unit and accessed by Dr TILLMANN who subsequently advised that the injury was non-life threatening, however, the weapon used in the offence appeared to slightly puncture the right lung and he would be kept overnight for observation.

Michael was sent for a CT scan then relocated to the Blue Zone room 6. While in the 9, 2022 and appeared agitated. Michael was unable explain why Mason was upset however, he noticed that Mason was chain smoking cigarettes. Mason proceeded to leave the residence to purchase more cigarettes then returned home two hours later. After returning home, Michael stated that there was nothing in particular that was discussed amongst them and he had put dinner aside for his son, then both parties went to bed at 11:00 pm. At approximately 7:00 am, Michael was sleeping in the basement and was woken by his son who had stabbed him once on the right side of his back. Mason gave Michael a blank stare then walked away. The victim then managed to walk outside to the front porch and called for emergency services. Michael elaborated stating that his son Mason, has been diagnosed with [ADHD] and suffers from depression. He is dependent on cannabis, has had suicidal thoughts in the past and has been a subject of a mental health apprehension. The family has been struggling with trying to get him help and Mason has been prescribed lithium which he no longer takes on a regular basis.

Officers maintained containment on the residence until ERU and K9 arrived on scene. 2CIB was engaged and a Feeny Warrant was prepared as Mason had locked himself in the residence and refused to surrender to police. After numerous communication attempts, Mason surrendered and was arrested at 11:06 am for Attempt Murder then held for a bail hearing.

Mr. Witzing informed police that he had been unable to sleep because his father “touches him inappropriately.” He believed that a rash on his chest was due to his father urinating on him, and he believed that his parents were not his “real biological parents.”

Without Prejudice Position of the Parties:

6. At the commencement of the hearing, the parties were canvassed for their initial positions.

7. Counsel for the Hospital took the position that the necessary and appropriate Disposition was a Conditional Discharge Disposition with conditions and a transfer of Mr. Witzing’s care to Waypoint.

8. Counsel for the Attorney General supported the Hospital’s position.

9. Counsel for the accused agreed with the Hospital and Attorney General and conceded that Mr. Witzing does meet the threshold for posing a significant threat to the safety of the public as articulated in the Winko¹ decision.

10. The parties thus presented a Joint Submission.

Evidence at the Hearing:

11. The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. Firdevs Alioglu Karayilan, Clinical Fellow to Dr. Misha Hartfeil.

12. Dr. Karayilan testified that Mr. Witzing has been residing with his family for over two years now without any issue. There have been no concerns about violence. Mr. Witzing remains under psychiatric care, is engaged with his treatment team, has remained abstinent from substances and is free of psychotic symptoms.

13. Dr. Karayilan testified that while Schizophrenia or a similar disorder has not been completely ruled out, a substance-induced psychosis is the most likely diagnosis at the present time. In order to test that diagnosis, the treatment team wants to taper Mr. Witzing off his medications and monitor him for a recurrence of any psychotic symptoms.

14. The doctor described Mr. Witzing’s degree of insight into his mental health as “better than average” but added that there is room to improve, as it is not fully developed. When asked why a Conditional Discharge is being recommended, instead of an Absolute Discharge, she explained that while Mr. Witzing has done very well under a house arrest bail order, it is unclear how he would respond without those restrictions.

15. Dr. Karayilan further articulated that under a Conditional Discharge Disposition, there are more community-based psychiatric resources for Mr. Witzing, which he would not have speedy access to if he were absolutely discharged.

16. With respect to the transfer of care to Waypoint, the doctor testified that Waypoint is far more convenient for Mr. Witzing, given the location of the family home.

17. In response to Panel questions, Dr. Karayilan testified that she was concerned about medication non-adherence and a resumption of substance abuse, absent the Conditional Discharge Disposition. She further added that once a titration of the medication was commenced, if there was an underlying psychotic illness, then symptoms would present within weeks.

Analysis and Conclusions

18. Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. Witzing remains a significant threat to the safety of the public and, therefore, that a Conditional Discharge Disposition with the terms outlined above is both the necessary and appropriate Disposition.

19. Mr. Witzing committed a serious violent personal injury offence while under the influence of illicit substances. While he has been engaged with his treatment team and remained abstinent from substances under the auspices of a bail order with very strict terms, it is unclear how he will adjust to living under less onerous conditions. He has a lengthy history of substance abuse which has caused paranoid beliefs that eventually played a significant role in the index offence, and these concerns are a significant risk factor for Mr. Witzing.

20. Furthermore, the treatment team is still uncertain about whether Mr. Witzing suffers from a psychotic illness and this diagnosis is to be tested by a gradual titration of his medication. Should psychotic symptoms result, the Hospital will need to quickly intervene, which it believes it can do under a Conditional Discharge Disposition.

21. In the past, when Mr. Witzing was unwell, he experienced psychotic symptoms, catatonia, visual hallucinations and suicidal ideation which resulted in multiple visits to hospitals, but did not result in a cessation of his substance use.

22. In consideration of all the evidence, the submissions of the parties, and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. Witzing, his reintegration into society and his other needs, the necessary and appropriate Disposition is a Conditional Discharge Disposition with conditions, and a transfer of his care to Waypoint.

DATED this 12^th^ day of May 2025, at the City of Toronto, in the Toronto Region.

Mr. D. D’Intino Legal Member

___________________________ Office of the Registrar Ontario Review Board

Footnotes

1. 11999 CanLII 694 (SCC), [1999] 2 SCR 625