Ontario Review Board
Re: Michael Gagnon
ORB File No. 8692
Hearing Date: Friday, May 9, 2025
Hearing Location: Centre for Addiction and Mental Health, Toronto
Pursuant to: Section 672.47(1) of the Criminal Code;
Before:
Alternate Chairperson: Ms. L. Banks
Members: Dr. T. Verny Dr. G. Nexhipi Mr. W. Apted Mr. K. McKenna
Parties Appearing:
Accused: Mr. M. Gagnon Counsel: Ms. S. Feldman
The Person in charge of Hospital: Counsel: Ms. A. Marshall
Attorney General of Ontario: Counsel: Ms. M. Feindel
REASONS FOR DISPOSITION
(Dated June 19, 2025)
Introduction
Mr. Gagnon was found not criminally responsible (NCR) on December 16, 2024, for the criminal code offences of assault, attempt murder, possession of a weapon dangerous, and fail to comply release order. The assault occurred on March 10, 2023, and the attempt murder, possession weapon dangerous, and fail to comply with release order occurred on August 29, 2023.
A panel of the Ontario Review Board (the panel) convened this initial hearing on May 9, 2025, at the Centre for Addiction and Mental Health (CAMH), to make a Disposition pursuant to s. 672.47(1) of the Criminal Code of Canada.
At the commencement of the hearing the Hospital submitted that Mr. Gagnon was a significant threat to the safety of the public, and recommended a detention order with privileges that extended to living in the community in approved accommodation, and travel passes for up to one week within Ontario subject to the Hospital's approval of his itinerary. The Hospital recommended reporting not less than every two weeks, and terms prohibiting substance use, prohibiting possession of weapons, and providing urine samples to test for substance use. Crown Counsel and counsel for Mr. Gagnon supported the recommendations of the Hospital.
Regarding contact with the victims of the index offence, Mr. He, the victim of the March 10, 2023, assault, works at York University. Mr. Gagnon has taken courses at York University and would like to do so in the future. The parties jointly submitted that Mr. Gagnon is not to be within 50 meters of Mr. He, his work or his residence, except in accordance with a York University tribunal decision, or documentation provided by York University to CAMH. Mr. Shinde has no affiliation with York University, so the parties recommended a no contact clause without any exceptions.
After considering the evidence, the panel concluded that Mr. Gagnon represents a significant threat to the safety of the public, and that a detention order in necessary and appropriate. The terms and conditions agreed to by the parties are reasonable in the circumstances.
Index Offences
- The following is a synopsis of the facts pertaining to the index offences taken from the agreed statement of facts file in court at the time of the NCR hearing.
March 10,2023
On March 10, 2023, Mr. He was in in the main floor washroom at York University. He was washing his hands when Mr. Gagnon approached him and struck Mr. He on his left side. Mr. He followed Mr. Gagnon outside the washroom, and Mr. Gagnon proceeded to repeatedly punch Mr. He in the face and head area.
August 29, 2023
Mr. Shinde was walking northbound on Keele Street at approximately 10:45 a.m. Mr. Gagnon was walking sounthbound on Keele Street approaching Mr. Shinde. Mr. Gagnon removed a hammer from a bag he was carrying and proceeded to strike Mr. Shinde with the hammer in the head area. Mr. Shinde fell to the ground and Mr. Gagnon continued to strike Mr. Shinde a further 4-6 time with the hammer. Mr. Gagnon yelled to witnesses who were approaching that Mr. Shinde was following him.
Mr. Gagnon was on a release order at the time arising from the March 10 assault prohibiting him from possessing any weapons.
Evidence at Hearing
- The evidence at this hearing consisted of the following:
Hospital Report dated April 23, 2025;
the NCR Assessment dated October 16, 2024 by Dr. M. Hartfeil;
Victim Impact Statements from Mr. He dated December 2, 2024 and Mr. Shinde dated November 17, 2024;
Two letters of apology from Mr. Gagnon to Mr. He and Mr. Shinde dated December 16, 2024 and May 8, 2025;
Letter from Mr. Hyonson Kim, Case Manager at Reconnect Community Health;
Letter from Dr. Chloe Leon and Ms. Beyonce Angelice from the Slaight Centre for Early Intervention Service (SCEIS) at CAMH;
The court related documents.
Mr. Gagnon is diagnosed with schizophrenia and cannabis use disorder, in remission.
He has no criminal record.
At the age of 14, Mr. Gagnon began using cannabis. He has not used cannabis since the index offence, and currently denies any intention to return to cannabis use.
Mr. Gagnon described his alcohol use as 2-3 drinks 2-3 times weekly.
Mr. Gagnon resides with his parents, and has a younger sister who resides in Vancouver.
From 2015 to 2020, Mr. Gagnon worked at a hockey rink, sharpening skates and operating the Zamboni. He was laid off during the pandemic and then began work at a roofing company for approximately 8 months. He last worked at a warehouse until December 2024.
At the end of High School, Mr. Gagnon began experiencing depression which lasted between 1-2 years. He did not take medication that was prescribed for him or follow through with a referral to see a psychotherapist.
Following High School, Mr. Gagnon attended York University, initially as a full-time student, and then on a part-time basis. He is currently taking on-line courses at York, which started in January 2025.
In 2019, Mr. Gagnon experienced panic attacks which subsided within the year.
In 2019, he began to experience paranoia, and referential and thought control delusions. Mr. Gagnon believed that Human Resources at his employment were sending investigators to watch him.
He was laid off from this employment in 2020, and his paranoia shifted from Human Resources to the police. He started believing that the police wanted him to falsely confess to sexually assaulting his ex-girlfriend. The relationship ended 2 years earlier. The paranoia progressed to Mr. Gagnon believing that the people around him were undercover police who were watching him.
Mr. Gagnon threw away his phone from a fear that police were using his phone to spy on him. He believed that the police had placed cameras in his house. Initially, he believed the police were simply watching him, but he came to believe that the police wanted to hurt him.
Mr. Gagnon reported that he did not experience auditory or visual hallucinations He did believe, however, that a chip had been inserted into his teeth and was sending him messages. The messages often referred to the false accusation of him sexually assaulting his ex-girlfriend. In 2020 or 2021, Mr. Gagnon began carrying weapons for his personal protection from the police.
In January 2023, Mr. Gagnon was admitted to Humber River Hospital for 3 days. His parents had obtained a Form 2 under the Mental Health Act. His parents were concerned at the time with Mr. Gagnon's paranoia, and with him carrying weapons for protection at all times. He was advised by the hospital that he had schizophrenia, which he refused to accept, and was prescribed antipsychotic medications, which he also refused.
In March 2023, Mr. Gagnon was hospitalized at North York General Hospital. He was at a TTC Subway station and slapped a man walking towards him. Mr. Gagnon believed that the man was an undercover police officer who intended to hurt him. Criminal charges were not pursued.
At the time of the index offences, Mr. Gagnon believed that Mr. He and Mr. Shinde were undercover police offers who were following him.
Mr. Gagnon was incarcerated at the Toronto South Detention Centre for approximately 4 months following his arrest. In November 2023, while incarcerated, Mr. Gagnon began taking antipsychotic medication. The records indicate that his symptoms went into full remission. He was released in December 2023, to reside with his parents.
In January 2024, Mr. Gagnon began seeing Dr. Leon at the Slaight Centre for Early Intervention (SCEI), at CAMH. He has been seen monthly, and receives his injectable antipsychotic medication, aripiprazole. In the letter filed at this hearing authored by Dr. Leon and the Case Manager, Ms. Angelica, Mr. Gagnon is referred to as engaged and focused on making a full recovery. It further states that his psychotic symptoms are in full remission. Furthermore, Mr. Gagnon has not engaged in any aggression or hostility since his release from custody.
Mr. Gagnon has taken the group Cognitive Behavioural Therapy (CBT) for psychosis program through SCEI, and has participated in 14 individual CBT sessions. He has also completed the first segment of the Concurrent Disorders Program. Mr. Hyonson Kim of Reconnect Community Health, provided a letter for the court, which was provided to this hearing, in which Mr. Kim details the programs Mr. Gagnon has participated in, and states that Mr. Gagnon "is working hard towards recovery."
Mr. Gagnon's father, Gerard Gagnon, advised the Hospital staff that the difference in his son's demeanor and behaviour since taking the antipsychotic medication is "like night and day." Mr. Gerard Gagnon reports that his son is very calm, and he has not observed any symptoms, including, mania, hallucinations, delusions, aggressions, impulsivity, or poor sleep. Mr. Gerard Gagnon appears to be sensitive to symptoms that could reemerge.
Mr. Gagnon is aware of his diagnosis and the symptoms associated with his schizophrenia. He described his antipsychotic medication as "a miracle drug", and intends to stay on this medication indefinitely. Mr. Gagnon expressed a commitment to not hurting anyone in the future, and expressed sincere remorse and regret for the assaults on Mr. He and Mr. Shinde.
Mr. Gagnon also expressed a sincere desire to not use cannabis in the future, and that his alcohol consumption would be moderate.
Testimony Dr. Van
Dr. Van testified at this hearing. She prepared the risk assessment and met with Mr. Gagnon on two occasions.
She testified that he was initially treated with a long-acting injection of Paliperidone, but in November 2024, he was switched to a long-acting injection of Aripiprazole to address side effects he was experiencing. He's been treated with this long-acting injection for approximately five months, and he is being observed to see if he experiences breakthrough symptoms. She commented that it is in the early days of this treatment, and it remains unclear whether he is in fact optimally treated. The doctor commented that Mr. Gagnon is currently assessed as capable of making treatment decisions.
She stated that Mr. Gagnon currently has good insight into his illness, need for medication and importance of abstinence, but that his insight suffers when he is unwell. In the past, he has not agreed to get medical assistance or remain medication compliant when unwell in the community.
The doctor testified that the Mental Health Act (MHA) would be an inappropriate way to manage his risk to the community given his 2 hospitalizations in 2023, when he was not certifiable under the MHA and could not be kept in the hospital for treatment. She also referred to Mr. Gagnon not being forthcoming about his symptoms at the time of his hospitalizations. It is Dr. Van's opinion that a detention order is necessary to readmit Mr. Gagnon to the hospital quickly if the symptoms reemerge and hospitalization is required.
Dr. Van also referred to the fact that it is early in his treatment, and that it is necessary to monitor his behaviour for decline in mental stability, a return to substance use, and any deviation in his medication compliance. He will be facing stressors with upcoming university exams, so Dr. Van would like to observe his ability to cope with these stressors.
Dr. Van adopted the risk factors detailed on pages 29-30 of the Hospital Report. He is diagnosed with a major mental disorder, schizophrenia, and will likely remain psychiatrically stable as long as he is compliant with treatment. In her opinion, it is still unknown if Mr. Gagnon can remain stable over a longer period of time. Mr. Gagnon's medication was changed in November 2024, which could possibly alter his current stability. If symptoms of his illness were to reemerge, the Hospital would have to intervene quickly, and the Mental Health Act is not believed to be sufficient.
Dr. Van agreed with the Crown's suggestion that Mr. Gagnon has to be tested under stressful situations. The delusions experienced by Mr. Gagnon are part of the schizophrenia and not a separate diagnosis. Dr. Van also indicated that once a Disposition is issued by the Board, he will be monitored and supervised by the Forensic Outpatient Service (FOS) and FOS staff will visit with Mr. Gagnon at his home.
Dr. Van responded to a question from Ms. Feldman by advising that 6 months is not long enough to test the efficacy of aripiprazole. It is quite possible for there to be a relapse after 1 year or more. Dr. Van confirmed that, to date Mr. Gagnon has handled stressors in his life well, taking on vocational and educational pursuits while on strict bail conditions. Dr. Van also referred to substance use being potentially problematic. Mr. Gagnon engaged in heavy cannabis use since the age of 14.
The doctor indicated that since his discharge to the community, there have been no urine drug screen analysis to objectively verify whether Mr. Gagnon has remained abstinent from alcohol and other drugs.
The doctor testified that Mr. Gagnon resides with his family and they are supportive and insightful into his diagnosis and symptoms.
In response to questions from the panel, Dr. Van indicated that, according to the CAMH's social worker contact with the parents, Mr. Gagnon's parents would advise the Hospital if they noticed their son decompensating. Regarding his residence, Dr. Van stated that as long as Mr. Gagnon complies with his medication, his risk to public safety can be managed with him living in the community. Dr. Van confirmed that Mr. Gagnon's care will move from Dr. Leon to the forensic team, and that they will visit the home within a couple of weeks following this Disposition.
In response to a series of questions posed by Mr. Gagnon's counsel, the doctor confirmed:
-Mr. Gagnon has not required any readmissions to hospital since his release from incarceration.
-Within days of commencing treatment with antipsychotic medication his mental state stabilized.
-Once the Board issues a Disposition, Mr. Gagnon will be able to access all inpatient programming and groups.
-She has been able to review the notes of Mr. Gagnon's current civil psychiatrist, Dr. Leon, and spoken with Dr. Leon.
In response to a question posed by a panel member, the doctor advised that should the Board issue a detention order with community living, Mr. Gagnon's care will be transferred to a FOS team, and his parent's home will be assessed to determine the suitability of Mr. Gagnon living there. The FOS will speak with his parents during this assessment.
Once a Disposition is issued, Dr. Van indicated that the hospital would assume responsibility for Mr. Gagnon's risk management. Dr. Van indicated that the SCEI program is intended to be a short term civil out patient service, and that should Dr. Leon remain engaged with Mr. Gagnon's care, the management of his psychiatric medication will be the sole responsibility of the forensic team.
Dr. Van stated that in order for Mr. Gagnon to progress through the forensic system, he will need to:
-Remain fully adherent to his prescribed treatment;
-Evidence sustained stability in his mental state;
-Remain abstinent from all substances including cannabis;
-Engage in structured activities, such as vocational or educational;
-Remain incident free in the community;
-Engage in recommended therapeutic programming, which will likely include concurrent disorders programming;
-adhere to all follow-up in the community with the FOS team.
Submissions
- The Hospital in its submissions simply referred to the team working with Mr. Gagnon over the upcoming year, and ensuring that his medication is optimized. The Crown referred to Mr. Gagnon doing well and the extensive family support he enjoys, and the expectation that Mr. Gagnon will progress this year. Ms. Feldman referred to Mr. Gagnon not breaching any terms of his bail and being compliant with the treatment that has been offered to date. She also suggested that in the circumstances the terms proposed by the Hospital are reasonable.
Analysis
After considering the evidence, the panel agrees with the submissions of counsel that a detention order is necessary and appropriate.
Mr. Gagnon committed two violent unprovoked assaults on strangers, that in the case of Mr. Shinde could have been fatal. The effect of these assaults is reflected in their victim impact statements. In addition to the physical injuries, they both suffered significant emotional harm, and for a lengthy period of time were fearful of being assaulted by anyone on the street. Mr. He was off work for 3 weeks, and Mr. Shinde was off work for 2-3 months, and was not able to return to full-time work for more than 1 year.
Mr. Gagnon has committed himself to improving his mental health and remaining stable. He has been compliant with his medication, attended with Dr. Leon at the Slaight Centre for Early Intervention for his monthly injections, been involved with Mr. Kim at the Reconnect Community Health, and engaged in various programming such as Cognitive Behavioural Therapy for psychosis. Mr. Gagnon has also been taking on-line courses at York University. Mr. Gagnon has a supportive family, who are aware of indications of mental decline, and will in all likelihood, report any such a decline in his presentation to the Hospital.
The panel does accept the risk factors articulated by the Hospital in determining that Mr. Gagnon is a significant threat to public safety and that a detention order is necessary. Mr. Gagnon has been diagnosed with a major mental disorder. He has a lengthy history of cannabis use which can have a deleterious effect on his mental health. His medication was changed in November 2024, to aripiprazole, and the Hospital needs time to appraise the effect a change of medication will have on his condition.
Mr. Gagnon is at the very early stages of his treatment, and it is necessary for the Hospital to monitor his ability to remain stable and engaged with treatment over a much longer period of time. If symptoms of his illness reemerge, it is necessary for the Hospital to have the ability to quickly readmit Mr. Gagnon to the Hospital to properly manage his risk of violence to the public. It is also necessary for the Hospital to have oversight of his community placement, and to approve the parent's residence as an appropriate accommodation.
The terms and conditions suggested by the Hospital are appropriate, including the provision regarding Mr. Gagnon's attendance at York University and the restrictions of contact with the victims of the index offence.
The panel wishes Mr. Gagnon continued success with his treatment.
DATED this 19th day of June, 2025, at the City of Toronto, in the Toronto Region.
Mr. K. McKenna
Legal Member
Office of the Registrar
Ontario Review Board