Nemanja Sehovac, 2025 CanLII 56026

Ontario Review Board

Re: Nemanja Sehovac

ORB File No: 6606

Hearing held on: Monday, May 5, 2025

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

Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code

Before: Alternate Chairperson: Mr. M. Segal (via Zoom) Members: Dr. K. Hand Dr. L.O. Lightfoot Ms. M. Chamberlain Mr. J. Cyr

Parties Appearing: Accused: Nemanja Sehovac Counsel: Mr. A. Schieck The person in charge of hospital: Counsel: Ms. J. Lefebvre Attorney General of Ontario: Counsel: Ms. S. Curry

REASONS FOR DISPOSITION

(Dated June 11, 2025)

Introduction:

1Nemanja Sehovac, age 33, was found unfit to stand trial on account of mental disorder on September 22, 2014, on charges of assault (x2) and failure to comply with a probation order, contrary to the Criminal Code.

2On May 5, 2025, Mr. Sehovac’s matter came before the Ontario Review Board (the “Board”) at the Waypoint Centre for Mental Health Care (the “hospital”) to determine fitness and have his annual hearing. Mr. Sehovac chose not to attend the hearing but was represented by counsel, Mr. A. Schieck. An order was issued to permit the hearing to proceed in his absence.

3The Board had before it as Exhibit 1 a Hospital Report dated March 24, 2025.

Diagnoses

[4] Schizophrenia Substance Abuse (cannabis)

Index Offence

5Mr. Sehovac assaulted a doctor and a nurse during an interview at a correctional centre. Mr. Sehovac was under a probation order at the time. While an involuntary patient at the London Psychiatric Hospital, he punched a patient in the back of the head.

Background

6Mr. Sehovac was born in Serbia and is the oldest of four brothers. He came to Canada at age 5. All was going well until grade 10 when his behaviours became an issue. He started to smoke a lot of cannabis. Assaultive behaviour began to appear including directed at family members. He became truant and lived on the streets.

7Mr. Sehovac does not have capacity to consent. Mr. Sehovac has been at Waypoint for over a decade. He struggles with severe and persistent auditory and visual hallucinations. He resides on Beckwith A. Seclusion is a common tool. He is impulsive and volatile. His insight is poor. The Hospital Report underscores that Mr. Sehovac often rejects coming out of seclusion lest he hurt or kill someone.

8Mr. Sehovac is on paliperidone injectable as well as oral clonazepam. He takes the latter inconsistently. The hospital would like to try clozapine but Mr. Sehovac’s father, the then substitute decision maker, declined, preferring natural remedies.

9Clozapine has been used to good effect in past but invariably Mr. Sehovac stops using once he becomes close to achieving capacity.

10Mr. Sehovac works out relentlessly in his room.

11He speaks to his father in Serbia by phone. He enjoys the company of his brothers.

12In preliminary positions, the hospital advanced that Mr. Sehovac was still unfit and requested a detention order on the current terms. Crown counsel agreed. Mr. Schieck, for the patient, was unable to take a position.

Evidence at Hearing

13Dr. C. Hudson, the patient’s psychiatrist, testified. Dr. Hudson noted that Mr. Sehovac remains psychotic and paranoid. He is compliant with his current long-acting medication. He has done very well on clozapine in past. It was was administered hidden in food but when Mr. Sehovac figured that out, he refused to continue taking it, resulting in a hearing before the Board. The situation has not been helped by the idiosyncratic health beliefs of Mr. Sehovac's father who lives in Serbia. Recently, there was a family meeting, and the second oldest brother will now become the SDM. It is hoped that Mr. Sehovac's use of olanzapine can be regularised. As well, it is hoped that clozapine can be administered.

14Mr. Sehovac has an extremely violent history with staff. He fractured the jaw of one staff who could never return to work. He assaulted a nurse resulting in partial blindness and after some extended time, thankfully she was able to return to work.

15There was a consultation about treatment recommendations that are being used as a guide. Dr. Hudson is reluctant to embrace electroconvulsive therapy in Mr. Sehovac's case except as a last resort. Dr. Hudson would like to try a second injectable antipsychotic before considering ECT.

16The pronto system, enabling a less intrusive pin prick testing of blood for those on clozapine, has not yet become available at the hospital.

17Mr. Sehovac is not suitable, because of the risk of violence, to go to a less secure forensic hospital.

18Mr. Sehovac enjoys music therapy. Most often he will decline seclusion relief. Considerable efforts are directed at getting him out of his room.

19Dr. Hudson is concerned that Mr. Sehovac will sabotage any attempt to get him back into court. While he understands the Taylor questions, he is quite unwell. He is paranoid and responds to internal stimuli. Any instructions to counsel would be coloured by his paranoid beliefs. He would act out in a volatile manner to avoid changing the status quo.

20While Mr. Sehovac can be pleasant, he also yells, screams and punches the glass or pounds on the floor window, often at night.

21Delusions and hallucinations are habitually present. Mr. Sehovac believes hospital staff are out to get him.

22If he did end up at trial, he would probably plead guilty just to stay in detention.

23Mr. Sehovac is intelligent. As soon as Mr. Sehovac figures out that staff are straying close to Taylor questioning, he abruptly withdraws from dialogue. He does have a belief that the Crown will help him.

24It is conceivable that Mr. Sehovac might kill someone.

25It is not believed that Mr. Sehovac suffers from antisocial personality disorder. The violence appears to be the by-product of his psychotic illness.

26Mr. Sehovac’s obsession with physical fitness makes him very conscious that he could resort to violence with peers. Mr. Sehovac is afraid to harm others. He refuses to leave his room most often for fear of injuring someone.

Analysis

27Mr. Sehovac is very ill. He is unfit to stand trial at present. With a change to his SDM there is a ray of hope that a rational course of treatment can be started. A second antipsychotic needs to be tried. Clozapine, which has proven effective in past, could then be considered.

28There is no doubt that Mr. Sehovac’s psychosis and paranoid beliefs would impair his ability to instruct counsel. His volatility makes it impossible to imagine him to meaningfully participate in a trial. In his current state, it is inevitable that Mr. Sehovac will sabotage any attempt to move toward fitness. Unfortunately, because of his history of extreme violence, the sabotage could have fatal results. Dr. Hudson remains optimistic that the new SDM may signal a better path forward. We wish Mr. Sehovac well.