Re: Jordan D. Czawlytko, 2025 CanLII 61237

Ontario Review Board

Re: Jordan D. Czawlytko

ORB File No: 7209

Hearing held on: Tuesday, 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: Jordan D. Czawlytko Counsel: Mr. P. Lewandowski

Person in charge of hospital: Representative: Dr. F. Wood

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

REASONS FOR DISPOSITION

(Dated June 25, 2025)

Introduction

1On August 31, 2017, Jordan Czawlytko, was found not criminally responsible on account of mental disorder on two charges of failure to comply with bail conditions, six counts of breach probation, cause disturbance, mischief under $5,000 (interference with lawful use of property) and failure to attend Court, all contrary to the provisions of the Criminal Code of Canada.

2Mr. Czawlytko is currently subject to a disposition of the Ontario Review Board dated April 10th, 2024, detaining him at the Secure Forensic Unit of the Royal Ottawa Mental Health Centre (hereinafter referred to as “the Hospital”) with privileges up to and including that of living in the community in accommodation approved by the person in charge. That disposition also subjects Mr. Czawlytko to certain terms and conditions, including that of abstaining absolutely from the non-medical use of alcohol, drugs or other intoxicants and that of submitting samples for the purpose of monitoring his compliance with the abstention condition.

3On April 15th, 2025, a panel of the Ontario Review Board convened a hearing at the Hospital to conduct Mr. Czawlytko’s annual review hearing pursuant to s. 672.81(1) of the Criminal Code. Mr. Czawlytko attended his hearing and was represented by his lawyer, Mr. P. Lewandowski. Also in attendance was Mr. Czawlytko’s mother.

4The record for the hearing included the Notice of Hearing, the most recent Disposition (mentioned above) and the Reasons for that Disposition. On the consent of all parties, a Hospital Report dated April 6, 2025, was entered into evidence as exhibit 1.

5The parties were canvassed for their positions at the hearing’s outset. Dr. F. Wood, Mr. Czawlytko’s treating psychiatrist spoke for the Hospital. He took the position that Mr. Czawlytko continued to represent a significant threat to the safety of the public as that term is defined in section 672.5401 of the Criminal Code and as it has been explained by the Supreme Court of Canada in Winko v British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. He also took the position that a detention order with expanded travel privileges was necessary and appropriate as disposition having regard to the objectives set out in section 672.54 of the Criminal Code, the primary of which is the assurance of the safety of the public. It was his position further that the requested disposition satisfied the other objectives of ensuring that Mr. Czawlytko’s mental health and other needs are met, including the ultimate objective of reintegration into the community.

6Both the representative of the Attorney General and counsel for Mr. Czawlytko supported the Hospital on both issues before the Board.

7For the following reasons and having turned its mind specifically to the threshold issue and the principle of minimal intrusion involved in the careful balancing of the objectives set out in section 672.54 of the Criminal Code, the Board agrees with that joint submission, finds that Mr. Czawlytko continues to represent a significant threat to the safety of the public, and that a detention disposition is necessary and appropriate under the circumstances.

Evidence at the hearing

8The evidence at the hearing came from the Hospital Report mentioned above and from the viva voce testimony offered by Dr. Wood.

9Turning first to the Hospital Report, it is cumulative in nature and includes a summary of the index offences as detailed in previous Reasons for Disposition:

Mr. Czawlytko entered the Sansotei Ramen restaurant on April 7, 2017, on three different occasions throughout the day. He first inquired about employment opportunities and when advised by staff that the restaurant was not hiring, he left. He then entered the restaurant a second time and, on this occasion, staff asked him if he needed assistance. However, he continued to walk past all of the staff and made his way to the washroom. After several minutes, he left the restaurant. He then returned a third time. However, this time he started a verbal argument with restaurant staff. As he entered the restaurant, he screamed loudly at customers to 'get the fuck out of the way." He was very loud, aggressive and continued to swear. He made his way toward the cash register by the kitchen and threw glassware that was sitting on the shelf to the ground. The value of the destroyed items was $50-$60. A cook working in the restaurant engaged in a pushing match with Mr. Czawlytko prior to him leaving. Several customers were shocked by the incident and one customer shouted, "Don't let him leave." However, many of the staff including the owner and servers were afraid for their safety and that of the customers. They advised customers to leave, and they did so without incident.

On April 8, 2017, Mr. Czawlytko re-entered the restaurant. Staff recognized him and called the police. He was arrested for the first time related to this incident and read his rights. Police noted that he was on two probation orders and that he had an outstanding warrant out of Gatineau.

Further investigation showed that customers observed Mr. Czawlytko to appear dishevelled.

10The Hospital Report also provides significant details associated with Mr. Czawlytko’s personal history, criminal record and history of struggles with major mental illness. He is 27 years old and was born in Ottawa to young parents. He has a history of involvement with child protective services and was placed as a child by the Children’s Aid Society in the care of his paternal grandmother and her husband, who ended up raising him and his siblings. Mr. Czawlytko has not seen his mother since 1997. His father struggled with addictions and died of an opioid overdoes in 2012. Mr. Czawlytko has spoken with some of his siblings but does not claim to have a strong relationship with any of them.

11Mr. Czawlytko experienced difficulty in utero as a result of his mother’s use of substances over the course of her pregnancy. Those difficulties followed him over the course of delivery, and he experienced problems with his brain’s physical development as a child. As these resolved, Mr. Czawlytko attained developmental milestones. His step-grandfather has described him as a "smart" and "normal" child that adopted a caregiver role to his older brother who had a learning disability. Mr. Czawlytko was involved in various sports and got along with his brother. He also grew up in the home with his aunt who was about seven years older than him. He did not demonstrate any concerning symptoms of childhood psychosis. In 2010, their grandmother and step grandfather legally adopted Mr. Czawlytko and his brother.

12Indications of mental illness were noticed around 2011 as Mr. Czawlytko started to display concerning behaviours and began getting in trouble with the law. He was thirteen years old at the time. His step-grandfather reported that Mr. Czawlytko got involved with the wrong crowd and he was a "follower." In 2014, the family moved back to Ottawa hoping this would help. Mr. Czawlytko's behaviour continued to be difficult to manage so he went to stay with his aunt for a while. He was given an ultimatum of either getting a job or returning to school. Mr. Czawlytko decided to leave his aunt's home and ended up staying with friends. He then ended up living in shelters and periodic difficulties with poor hygiene were noted by family members. Following the passing of his father in 2012, Mr. Czawlytko tried to reach out to his biological mother. She refused any communication. Family believes that this rejection from his mother was very hard for Mr. Czawlytko.

13Mr. Czawlytko's brother lives with his aunt. Mr. Czawlytko currently has no relationship with his brother, but he maintains a close relationship with his aunt.

14Mr. Czawlytko was convicted of two counts of breaking and entering in April 2014 when he was still a minor. He received an eighteen-month probation and a discretionary prohibition order under the Youth Criminal Justice Act. He was also found guilty of failure to comply with an undertaking on January 31, 2017, and he received a probation order for fifteen months. He was convicted of failure to comply with recognizance on January 31, 2017, and was given a suspended sentence and fifteen months’ probation.

15When it comes to his psychiatric history, Mr. Czawlytko has been a poor historian, responding either vaguely or by contradicting himself when asked for specifics concerning past symptoms and diagnoses. He has described paranoia and religious grandiosity but has struggled with accepting that he suffered from any mental illness, even if he had been prescribed medication in the past at the jail or in hospital. As a result, much of the psychiatric history contained in the Hospital Report is associated with his contact in October 2016 with the criminal justice system. It was at that time that Dr. Dufour, the Forensic Psychiatrist that completed an assessment of Mr. Czawlytko identified that Mr. Czawlytko seemed to have delusions such as believing the Hell's Angels and terrorists were following him, or that the police had tried to rape and choke someone named "Sam." Mr. Czawlytko admitted at that time that he had been prescribed the antipsychotic medication Abilify, had schizophrenia and a history of homelessness and substance abuse. and that he had been referred to the Canadian Mental Health Association (CMHA) for services on in September 2016. This referral seemed to have been made through the Centertown Community Centre. Subsequently however Mr. Czawlytko denied expressing many of the symptoms he described and when asked if he had said that he suffered from Schizophrenia replied, "I didn't, it was just a joke." He also denied having ever been prescribed Abilify.

16The Hospital Report indicates that Mr. Czawlytko has a history of assaultive behaviour driven by his major mental illness that predates the index offences. He has a history of hospitalization for delusional, aggressive and self-harming behaviours witnessed by his aunt. He has been aggressive in this state towards treatment providers and has displayed religious grandiosity, considering himself to be a telepath that could both identify demons in other people and send his own demon to them. He has at times struggled with suicidal ideation and auditory hallucinations. He has a history of involuntary admissions to the hospital because of his major mental illness. He has struggled with decompensations associated with his use of cannabis and with noncompliance with treatment recommendations.

17Since coming under the jurisdiction of the Ontario Review Board, Mr. Czawlytko has continued to struggle with major mental illness. In 2018 he completed a neuropsychological assessment that showed clear deficits in verbal attention, memory and learning. His problem-solving skills were limited, and findings were consistent with both attention deficit hyperactivity disorder and schizophrenia. Combined with results from occupational therapy functional assessment, these findings led initially to the conclusion that supportive housing was necessary for Mr. Czawlytko. His insight however has improved, and he has progressed to living in approved accommodations in the community.

18The Hospital Report’s update for the purposes of this hearing begins at page 76. It opens explaining that Mr. Czawlytko is expected to experience a change in residence over the course of the next year that will require the support of the treatment team given his intellectual disability. It explains that, since the last hearing, there have been no concerns regarding Mr. Czawlytko’s mental health. He has experienced another year without manifestation of psychosis, depression or grandiosity. He has remained treatment compliant, and his medications seem to have been optimized. He has joined a gym that he attends regularly. There have been no incidents of suspected alcohol or drug use since the last hearing and all his urine drug screens have come up negative for substance use.

19Mr. Czawlytko participated in a re-evaluation of his functional abilities and was noted as being cooperative, pleasant and goal oriented. He is independent in dressing, grooming and matters of hygiene. He has demonstrated an ability to use a vehicle, shop on a budget, attend appointments and attend to common household responsibilities. He has an ability to utilize core executive functioning skills and has vocational goals. He does still have some difficulty managing money and budgeting beyond the simple math used when shopping for groceries. He remains impulsive and tends to overestimate his abilities. Overall, this update from the last occupational therapy assessment shows improvement and that Mr. Czawlytko has benefited from living in a supported environment in the community.

20The updated assessment recommends that Mr. Czawlytko continue to engage regularly with staff for skill building and monitoring of his mental illness. It opines cautiously that transitional housing such as that available at Lebreton or the Grove may be an alternative housing option to support him in furthering his independent living skills but warns that Mr. Czawlytko has expressed that he is not interested in group programming and has a history of challenges living with other residents due to his impulsive behaviours. It says that Mr. Czawlytko would benefit from ongoing work with an occupational and vocational therapist and would benefit from ongoing monitoring of his finances.

21Following the completion of that assessment, Mr. Czawlytko attended groups and completed a transition to the Grove, formally moving into that home at the end of 2025. The experience has been positive to this point. No concerns have been expressed surrounding Mr. Czawlytko’s behaviour and no features of psychosis have been noted by Grove staff. He has been compliant with medications and there has been no indication of substance use. He presents as motivated and has become more independent in his cooking skills. While he has been able to volunteer at the Islamic Community Centre, complete paid programs focused on work readiness and obtained part-time employment for a period over the last year, Mr. Czawlytko has still struggled with overestimation his capabilities, with budgeting and with impulsivity.

22A Violence Risk Assessment included in the Hospital Report at page 82 assesses his risk of future violence as being in the moderate-to-high range and specifically expresses concerns associated with aggressive behaviours that would cause others to be concerned for their safety. It notes that while Mr. Czawlytko is compliant with his medications and reports an intent for ongoing compliance, this has yet to be fully tested at the Grove where independence with medications and a trial apartment stay will be part of transition to independent housing.

23It also notes that concerns have arisen over this review period associated with Mr. Czawlytko taking items belonging to a roommate and regarding impulsivity, noting that Mr. Czawlytko has both quit jobs, accepted jobs without knowing what they entailed and has applied for work without discussing the matter with his vocational therapist. He has engaged in impulse buying of a motor vehicle he could not afford and then had to re-sell. While he has not used substances or represented a management concern, the Violence Risk Assessment indicates that this next period of review is expected to be one of change in pursuit of Mr. Czawlytko’s reintegration into the community in the form of less supervised accommodation. This will be challenging considering Mr. Czawlytko’s deficits in independent living skills and the concerns mentioned with impulsivity. These struggles have historically led Mr. Czawlytko to engage in antisocial behaviours and substance use and have impacted his insight into his mental illness, leading to a return of paranoia and aggressivity identical to that displayed by Mr. Czawlytko prior to and over the course of the index offences.

24Mr. Czawlytko’s current diagnoses are:

• Schizophrenia, positive symptoms in remission, likely residual negative cognitive symptoms
• Intellectual Disability, mild to moderate
• Attention Deficit Hyperactivity Disorder
• Cannabis Use Disorder, in sustained remission
• Antisocial Personality Traits

25In his evidence to the Board, Dr. Wood adopted the contents of the Hospital Report and reported that Mr. Czawlytko continues to progress well but that he still struggles to with impulsivity and rash decision-making. He tied this concern directly to the threshold issue of significant threat, explaining that the main concern is that, absent a disposition, Mr. Czawlytko will act impulsively to change residences or bring in roommates without team involvement or discussion. Dr. Wood said that this level of impulsivity is driven both by Mr. Czawlytko’s cognitive deficits and overconfidence in his own abilities that exposes him to being taken advantage of by others. Dr. Wood explained that this would lead to decompensating levels of stress even in the context of treatment compliance and to real risks of homelessness.

26Dr. Wood discussed Mr. Czawlytko’s employment plans for 2026 and explained that Mr. Czawlytko has been offered a summer-work position at the Christie Lake Camp. He expressed support for working towards Mr. Czawlytko’s ability to attend to this employment opportunity. He explained that initially Mr. Czawlytko had applied for this position without the team’s awareness this year. The team however was unable to support the endeavour as it would have required him to miss four weeks of important programming at the Grove. Dr. Wood confirmed that Mr. Czawlytko has access to a vehicle for transportation to the camp and has passed necessary vulnerable sector screening. Mr. Czawlytko is engaged in working with his treatment team preparatory for the 2026 employment.

27Dr. Wood did not express any concern associated with Mr. Czawlytko’s ability to function at the camp around children or young people attending the camp. He explained that Mr. Czawlytko has maintained an extended period of positive treatment compliance and treatment response while on Clozapine. He expressed confidence in the efficacy and protective qualities of Mr. Czawlytko’s current anti-psychotic medications. He noted that the employment opportunity is a year away and follows on next year’s annual review. As such, while the treatment team is working towards the employment opportunity in accordance with the ultimate objective under section 672.54 of the Criminal Code, it is also able to re-assess circumstances having regard to the primary objective as summer 2026 approaches.

Submissions of the Parties

28At the end of the hearing the parties renewed the joint submission it had presented to the panel at the hearing’s outset. All agreed that Mr. Czawlytko continued to represent a significant threat to the safety of the public. All agreed that a continued detention disposition was necessary and appropriate having regard to the s. 672.54 objectives. The Hospital in its submissions highlighted that Mr. Czawlytko has had another positive year, but emphasized concerns associated with impulsivity and budgeting that, as noted, Dr. Wood tied directly to Mr. Czawlytko’s re-offence scenario and the issue of significant threat. The representative of the Attorney General joined the Hospital in its submissions.

29Counsel for Mr. Czawlytko, while joining with the Hospital as well, highlighted Mr. Czawlytko’s satisfaction with the progress he has made over the course of another review period and expressed hope for a lesser disposition next year as his client works on issues of impulsivity, budgeting, and transitions into more independent accommodations.

Analysis and conclusion

30As stated, the Board agrees with the joint submission and has concluded that Mr. Czawlytko continues to represent a significant threat to the safety of the public. Mr. Czawlytko struggles with major mental illness the symptoms of which have historically been exacerbated by increases of stress and experiences with homelessness. While he has insight into his diagnosis and need for medication, this has yet to be tested in an environment where supportive living is reduced in favour of increased independence in accommodation. There remains a real concern that, because of his struggles with impulsivity and poor budgeting, Mr. Czawlytko would make decisions associated with housing, budget and employment that would exceed his capacity and ability to cope leading to loss of housing and return to historic coping mechanisms such as decompensating use of substances. Were that to occur, the evidence is that his deterioration would include a relapse of paranoia and aggressivity that would expose the public to significant threat of physical or psychological harm like that experienced at the time of the index offences and over the multiple periods when Mr. Czawlytko’s aggressivity and delusions led to his involuntary hospitalization.

31Noting that the threshold issue, even in the context of a joint submission, is an onerous one, the Board relies upon the conclusion of the Violence Risk Assessment that Mr. Czawlytko represents a moderate-to-high risk of violent reoffending. The Violence Risk Assessment relied upon factors that were established by the evidence at the hearing, including the seriousness of the index offences, the extent of difficulty experienced by Mr. Czawlytko because of serious symptoms of psychosis, and the destabilizing potential of his impulsivity and over-estimation of his own capabilities. In the Board’s view, there is a significant likelihood that, absent a disposition, Mr. Czawlytko would engage in impulsivity that would quickly threaten his housing and ability to attend to the tasks of daily living. As he transitions to increased levels of independence, public safety requires that he be provided with supports and guidance that will help him navigate his continued progress towards full reintegration into the community.

32The Board also agrees with the joint submission as it pertains to the detention disposition being proposed. In concluding that a detention disposition, with increased privileges in the realm of travel, is necessary and appropriate, the Board considered whether a lesser disposition would be sufficient to ensure the safety of the public. In our view, it would not. Mr. Czawlytko will require guidance and support in acquiring approved accommodations that he will be able to afford and maintain. He will need support in ensuring that he is not taken advantage of by individuals who would compromise both his housing and his progress. As he works towards hoped-for employment in Christie Lake in 2026, he will need the support of his occupational and vocational therapist. He will be tested in this environment of increased independence as to his willingness and ability to maintain his current commendable levels of treatment compliance. In this setting the Hospital must have the ability to both approve accommodations and respond quickly to any signs of substance use, treatment noncompliance, or decompensation associated with stresses driven by employment goals and complicated by Mr. Czawlytko’s level of impulsivity. Any lesser disposition in our view would neither ensure the safety of the public, nor empower the Hospital to attend to Mr. Czawlytko’s mental health and other needs, including the ultimate objective of reintegration into the community.

33As a result, the Board concludes that Mr. Czawlytko continues to represent a significant threat to the safety of the public as that term has been explained by the Supreme Court of Canada in Winko, and that the detention disposition, with the range of privileges proposed is necessary and appropriate having regard to the objectives set out in section 672.54 of the Criminal Code.

34The Board congratulates Mr. Czawlytko on another year of progress and expresses its encouragement for him over the course of this next important review period.

35An order will issue accordingly.