Re Shawn Herwig, 2025 CanLII 56043

Ontario Review Board

Re: Shawn Herwig

ORB File No: 7217-8397

Hearing held on: Wednesday, April 15, 2025

Place of Hearing: Royal Ottawa Mental Health Centre

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

Before: Alternate Chairperson: Mr. G. Beasley Members: Dr. S. Lessard Dr. R. Cormier Mr. D. Sandor Mr. A. Bernardo

Parties Appearing: Accused: Shawn Herwig Counsel: Mr. D. Baum

Person in charge of hospital: Representative: Dr. A. Sandhu

Attorney-General of Ontario: Counsel: Ms. M. Dufort

REASONS FOR DISPOSITION

(Dated June 10, 2025)

Introduction

1On September 13, 2017, the accused, Shawn Herwig, was found not criminally responsible on account of mental disorder on charges of assault(x2), break and enter a dwelling and commit the offence of assault and utter threat to cause death, all contrary to the Criminal Code of Canada.

2On September 27th, 2023, Mr. Herwig was again found not criminally responsible on account of mental disorder on charges of obstruct, interrupt, or interfere with the lawful use of property, utter threats to cause death or bodily harm and fail to comply with a disposition.

3Mr. Herwig is currently subject to a disposition of the Ontario Review Board dated April 10th, 2024, which detains him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre and an order amending that Disposition dated June 10th, 2024. That Disposition discharges Mr. Herwig on certain terms and conditions.

4On April 15th, 2025, the Ontario Review Board convened at the Royal Ottawa Mental Health Centre, hereinafter referred to as the hospital, to conduct Mr. Herwig’s annual review hearing pursuant to s. 672.81(1) of the Criminal Code. Mr. Herwig attended his hearing and was represented by his counsel, Mr. Douglas Baum. A hospital report dated April 17th, 2025, was entered as Exhibit 1.

5The issues for this hearing are whether Mr. Herwig represents a significant threat to the safety of the public and, if so, to determine the disposition that is necessary and appropriate in the circumstances.

6For the reasons set out below, the Board finds that Mr. Herwig no longer continues to represent a significant threat to the safety of the public and is therefore entitled to an absolute discharge.

Index Offences

7The details of the index offences on the NCR Finding of September 13th, 2017, are described as follows:

"Mr. Herwig had contact with Ms. Laplante, a female in his building who had been residing there with her sister and sister’s boyfriend, Mr. Hunt, since June 2017, Ms. Laplante reported first meeting Mr. Herwig when she moved into the building and stated that she became friends with Mr. Herwig. On July 13, 2017, Mr. Herwig communicated with Ms. Laplante via multiple text messages asking her to return home. When she returned home later that day, Mr. Herwig confronted her resulting in a verbal altercation. After she entered Mr. Hunt’s home, Mr. Herwig kicked the door and yelled that he needed to speak with her. Mr. Hunt opened the door in hopes to calm him down; however, Mr. Herwig pushed past and entered the room stating that he was going to ‘kill them all.’ As Ms. Laplante attempted to run, Mr. Herwig grabbed her by the arm and carried her on his shoulder. He carried her outside the building to meet his father. She screamed for help, at which point Mr. Herwig put her down and he ran across the street. Mr. Herwig followed her across the street, at which point an unknown male came at him and punched him in the face."

8The details of the index offences on the NCR Finding of September 27th, 2023, are described as follows in the Crown Brief Synopsis:

"On January 3rd, 2023, the accused attended the Tunneys Pasture Light Rail Station located at 1611 Scott Street in the city of Ottawa. The accused was on the train platform waiting area when he approached multiple people, including the identified victim. The accused told the victim "I have a bomb, stay away from me" "I have a bomb fuck you" I have a bomb stay the fuck away from me". The accused then left the platform area and proceed up the stairs to the main floor. The accused was arrested by patrol officers at 0549hrs, and a small quantity of cannabis was located on his person which was in contradiction to his release order. The accused was read his rights to counsel at 0557hrs, his caution at 0557hrs and his 524 warning at 0558hrs. The accused was transported to central cells located at 474 Elgin Street in the city of Ottawa. The accused was afforded an opportunity to call a lawyer before being held for show cause. The accused was served with a notice of intent along with a copy of his release order."

Personal History

9Mr. Herwig’s background history is set out in the hospital report. Briefly summarized, he is currently 43 years of age and was born in Ottawa. His parents worked full-time during his childhood. Mr. Herwig was described as a happy, active, and smart child who enjoyed reading. There were no behavioural issues in his early childhood. He enjoyed many sports and activities, went to church with his family and sang in the choir. There were, however, some difficult events in his early childhood, including the death of his paternal grandfather to brain cancer, the loss of his paternal uncle to suicide and another paternal uncle who died of AIDS. These losses occurred when he was twelve or thirteen years of age.

10At the age of thirteen, Mr. Herwig was using alcohol and cannabis and was asked to leave the family home by his father. He spent a few nights sleeping in a ditch before staying with a male friend for a few days. After that, he was permitted to return to the family home. When Mr. Herwig was 15, his parents separated. Mr. Herwig recalled feeling confused and hurt that his father left. He described thoughts of suicide at the time and described an incident where he stood on a bridge and contemplated jumping. Mr. Herwig continued to live with his mother until he moved out at the age of eighteen. His father remained involved in his life, and he has fond memories of trips with his father including canoeing and camping.

11Mr. Herwig presented problems in school but eventually completed high school at the age of 28. He also completed a six-month course in natural gas fitting with high marks. He has been receiving ODSP benefits since 2017 and had previously received Ontario Works and Employment Insurance benefits.

12In January 2017, Mr. Herwig moved into an Ottawa Community rooming house apartment supported by the John Howard Society. There were occasional complaints there regarding verbal outbursts.

Criminal History

13Mr. Herwig was found NCR on August 20, 2010, for hit and run, failure to stop at the scene of an accident and dangerous operation of a motor vehicle. In January of 2013, he received an Absolute Discharge. It is reported that he was also charged for possession of cannabis in Quebec around 2016, however other than this charge for which the outcome is not known, Mr. Herwig does not have any convictions or criminal record.

Psychiatric History

14As a child, Mr. Herwig reported being diagnosed with Attention Deficit Hyper-Activity Disorder and Depression. When he was twelve, he was prescribed anti-depressants and later a psychostimulant for ADHD. At one point, he was hospitalized at the Children's Hospital of Eastern Ontario. He described low mood and amotivation throughout his adolescence and although he did not report having had any psychotic symptoms such as delusions or hallucinations, he had thoughts of suicide from time to time and recurrent episodes of depression.

15Mr. Herwig's father reported that Mr. Herwig began to have major mental health problems in his early twenties. His father reported a pattern where Mr. Herwig took his medications for up to six to nine months at a time but then stopped because he felt that the medication makes him feel "numb." He has been described as being verbally threatening, aggressive and obnoxious when off his medication, however there is no history of physical violence. Mr. Herwig's father stated that violence is uncharacteristic of Mr. Herwig when he is taking his prescribed medication.

16In the period leading up to the index offences, Mr. Herwig's father had been reminding his son to attend hospital to get his injection. Mr. Herwig (senior) had suspected his son had been off his medication for several months prior to the index offences. For example, in the weeks leading up to the offences, he would occasionally say strange things on the telephone. Two weeks prior to the offences, Mr. Herwig voiced threats to his father about harming his mother. He said that he knew people who could "take her out".

17On the day of the index offences, Mr. Herwig's father received numerous calls from his son asking for money and food. Mr. Herwig's father went to the scene of the index offences, and his son yelled at him that he had a "surprise for him". A few minutes later, Mr. Herwig's father saw Mr. Herwig come out of the building with an unknown woman over his shoulder and Mr. Herwig said to his father "this is what human trafficking looks like."

18Mr. Herwig was admitted to hospital after he was arrested for the index offence. He was observed to have an elevated mood, expressed grandiose delusions and was sometimes irritable. The attending doctor prescribed medication and within a few weeks, Mr. Herwig was more settled and less irritable. His sleep improved and he no longer had delusional beliefs. Within a month of the offences, Mr. Herwig was free of psychotic symptoms, interacted well with peers and was tolerant and patient towards peers who were more unwell. He did not report any suicidal thoughts and was not aggressive or violent.

19Mr. Herwig’s current diagnoses are:

• Schizoaffective disorder, bipolar type, multiple episodes, most recent episode manic with psychotic features
• Alcohol Use Disorder, in sustained remission
• Cannabis Use Disorder, in sustained remission
• Attention Deficit Hyperactivity Disorder
• Obstructive sleep apnea hypopnea

Position of the Parties

20At the outset of the hearing the representative of the hospital, Dr. Sandhu, stated that in the opinion of the treatment team, Mr. Herwig no longer represents a significant threat to the safety of the public and is therefore entitled to an absolute discharge. Counsel for the Attorney-General of Ontario, Ms. Dufort, reserved her position until the conclusion of the evidence. Counsel for Mr. Herwig, Mr. Baum, unreservedly supported the recommendation of the hospital.

Evidence at the Hearing

21The hospital’s evidence was presented through its report as well as through the oral testimony of Dr. Amanjot Sandhu, Mr. Herwig’s attending psychiatrist. Dr. Sandhu stated that he had been working with Mr. Herwig since 2022. He commenced his evidence by providing an oral update from the addictions counsellor who has worked with Mr. Herwig since January of 2023. She advised Dr. Sandhu that for the period from February 2024 to March 2024, she had been meeting 1:1 for addictions counselling with Mr. Herwig. These meetings had taken place bi-weekly. Mr. Herwig had attended every meeting and had been punctual in his attendance. It was reported that Mr. Herwig had achieved two years of sobriety from all substances except nicotine up to January 2025.

22Dr. Sandhu stated that since he had been treating Mr. Herwig, he had only required PRN medication. Mr. Herwig has maintained his sobriety through his attendance at Alcoholics Anonymous. He had also successfully completed the concurrent disorders program. Dr. Sandhu stated that Mr. Herwig has maintained full-time employment working Monday to Friday evenings as a supervisor for a cleaning company. At the present time he is happy with his residential situation, and it is not at risk. He will be able to continue to live in his current residence if he were to be absolutely discharged from the Board.

23Mr. Herwig has been working with his case worker. Mr. Herwig has also been providing caregiving services to his mother up to the point where she was admitted to a long-term care residence in the city. Despite the stresses of work and caring for his mother, Mr. Herwig has been able to function well in the community and in the opinion of the treatment team, no longer represents a significant threat to the safety of the public.

24Ms. Dufort referred Dr. Sandhu to paragraph 36 of last year’s reasons which questioned Mr. Herwig’s ability to reside in the community without external controls resulting in the use of substances and decompensation in his mental status. Dr. Sandhu stated that he met with Mr. Herwig every two weeks for the past several years, which is more than any other of his patients. This was at Mr. Herwig’s request who wanted it for consistency in his treatment. Mr. Herwig has remained outside of the hospital since January of 2023 without readmission. He has finished addictions’ programming and has completed 1:1 addictions’ counselling. Dr. Sandhu stated that Mr. Herwig has learned not to use substances. He understands the issue of substance use and the resulting decompensation in his mental status. He takes great pride in his employment and his role as a supervisor.

25Ms. Dufort asked if Mr. Herwig was in a better position to identify signs of decompensation than he was in 2017 when the index offences occurred. Dr. Sandhu stated that at that time Mr. Herwig believed that there were positive aspects to the use of cannabis. He now sees that this was mistaken, and that cannabis consumption has a negative outcome. He understands that he misinterpreted the events in 2017 leading to the index offences. Mr. Herwig can continue with the addictions’ counselling for the next year. He is not going to Alcoholics Anonymous on a weekly basis at this time because of his work but continues to have a sponsor available to him. He is not driving because he does not have a motor vehicle.

26Mr. Herwig also has the assistance of a SALUS case worker along with support from his father, brother, and stepfather. He visits with his mother on a weekly basis, so he is in continuous contact with his family. Dr. Sandhu stated that an absolute discharge would not result in the end of his involvement with Mr. Herwig which will continue into the future.

27Mr. Baum did not have any questions for Dr. Sandhu.

28In response to questions from the panel, Dr. Sandhu stated that in his opinion Mr. Herwig had internalized all of the necessary information to remain on a path of sobriety. He also stated that in his opinion Mr. Herwig would be able to recognize any decompensation in his mental status and seek assistance for it. Dr. Sandhu stated that Mr. Herwig had previously been working two jobs and that this created possible difficulties with caring for his mental health. Over the past reporting year, he has significantly cut back on his part-time work as a granite cutter in light of more regular hours available to him with the cleaning company. Dr. Sandhu stated that he is satisfied that Mr. Herwig has a good work management plan that contributes to his ongoing positive mental health.

29Neither Ms. Dufort nor Mr. Baum called evidence at the conclusion of the hearing.

Submissions of the Parties

30Dr. Sandhu reiterated the submission made at the outset of the hearing that Mr. Herwig no longer represents a significant threat to the safety of the public and is therefore entitled to an absolute discharge. Ms. Dufort stated that despite some residual concerns with respect to risk, primarily arising from his mental health history, that the risk does not rise to the level of significant threat as set out in Winko and therefore Mr. Herwig is entitled to an absolute discharge. Ms. Dufort referred as a positive factor to the ongoing support Mr. Herwig has from the members of his family, and the treatment team and his apparent better understanding of the issue of substance abuse. Mr. Baum submitted that the hospital report portrays Mr. Herwig as a "model patient" and therefore is fully supportive of the absolute discharge.

Analysis and Disposition

31At the conclusion of the evidence and in submissions from the parties, the panel was presented with a joint submission that Mr. Herwig no longer represents a significant threat to the safety of the public and is therefore entitled to an absolute discharge. The panel is unanimous in accepting this submission from the parties. Mr. Herwig’s progress over the past reporting year is concisely summarized in the hospital report in the following paragraph:

"Over the prior treatment year, Mr. Herwig has continued to reside in the community and progressed in his personal goals, including increasing his employment hours, maintaining his familial and personal relationships, and abstaining from alcohol, cannabis, or other substance use. He has completed formal education in addictions programming at the hospital and has been able to utilize community-based supports as needed with Alcoholic’s Anonymous. Additionally, over the treatment year, Mr. Herwig has consistently demonstrated insight into his severe and persistent mental illness (schizoaffective disorder, bipolar type) and the need for ongoing, lifelong psychiatric follow up. As he maintains his mental health and sustained remission of substance, his risk of violence in the context of symptoms of mania are mitigated."

32The balance of the hospital report and the evidence provided at the hearing fully support the conclusions reached in the paragraph noted above. The panel is unanimous in finding that in the absence of a significant threat, Mr. Herwig must be absolutely discharged.