Ontario Review Board
Re: Natasha Kawalchuk
ORB File No: 7533
Hearing held on: Friday, June 20, 2025
Place of Hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. M. Segal
Members: Dr. Y. Alatishe Dr. G. Eayrs Mr. G. Beasley Ms. R. MacIntyre
Parties Appearing:
Accused: Natasha Kawalchuk Counsel: Ms. M. Lord
Person in charge of hospital: Representative Dr. A. Adiele
Attorney-General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION
(Dated August 1, 2025)
Introduction
Natasha Kawalchuk, age 37, was found not criminally responsible on account of Mental Disorder on April 30, 2019, on a charge of assault causing bodily harm contrary to the Criminal Code.
On June 20, 2025, Ms. Kawalchuk appeared before the Ontario Review Board (the Board) for her annual hearing at the Brockville Mental Health Centre (the Hospital). Ms. Kawalchuk was on a Detention Order with privileges up to and including community living in accommodation approved by the person in charge. Exhibit 1 was the Hospital Report dated June 2, 2025.
In preliminary positions, all parties agreed that significant threat to the safety of the public was present and that the current disposition continued to be appropriate.
Ms. Lord, for the patient, while noting that no Rule 13 application had been filed, wished to ask questions about a possible transfer in future. By the conclusion of the hearing, the Board agreed that the current disposition was appropriate.
Index Offence
- A hospital report of June 2, 2025, was introduced as an Exhibit to this hearing. It contains a description of the index offences as follows:
"Crown Synopsis
On July 26th, 2018, the victim Alysha Heine was in her residence at approximately 1:30 p.m. The accused identified as Natasha Kawalchuk began banging on the victim's door. The victim initially answered the door and asked the accused who they were looking for. The accused responded, "None of your fucking business". The victim closed the door and returned inside of her residence suspecting mental health issues with the accused.
A short time later the victim observed the accused across the street urinating on a neighbour’s residence. The victim exited her home and asked the accused to please stop what she was doing as it was the residence of an elderly couple. As the victim began to walk away from the accused, the accused suddenly chased her into the middle of the street and began to punch her a number of times. The victim believes she was struck approximately three times about the head.
The victim suffered laceration to the back of her head requiring stitches to close the wound. The victim also suffered a large scratch down the back of her neck consistent with scratches made by fingernails.
A passing witness identified the accused as Natasha Kawalchuk. She was subsequently observed entering the building at 245 King Street East where Kawalchuk is known to reside.
Kawalchuk is known to police and suffers extensive serious mental health issues.
On 27 July 2018, at approximately 2240hrs, the accused was located and arrested for the offences of common assault. She was read her rights to counsel and cautioned, which she indicated that she understood. The accused did exercise her rights.”
Current Diagnoses
- Ms. Kawalchuk’s current diagnoses are:
Schizoaffective Disorder – Bipolar Type
Attention Deficit and Hyperactivity Disorder – Combined Type
Stimulant Use Disorder (Amphetamine-type substance) – Severe – currently abstinent while in a controlled environment
Antisocial Personality Disorder
Background
Ms. Kawalchuk’s background is well summarized in last year’s Reasons at paragraphs 6-12 which reads as follows.
Following her NCR finding in April of 2019, Ms. Kawalchuk has remained detained at the BMHC. Ms. Kawalchuk’s criminal record reveals a conviction for assault and failure to comply with recognizance in 2014 and trafficking in a Schedule 1 substance in 2015.
Ms. Kawalchuk’s mother reports that she struggled with her daughter’s behaviour in their home. She would throw temper tantrums, particularly if she did not get her way. Ms. Kawalchuk was aggressive with her sister and was witnessed attacking her. Ms. Kawalchuk’s mother reports that her daughter also ran away from home on several occasions and had stolen from her on more than one occasion.
Ms. Kawalchuk’s mother also reports that Ms. Kawalchuk struggled in school, always being a below average student and she was diagnosed with attention deficit hyperactivity disorder when she was in Grade 2 and prescribed Ritalin for this. Ms. Kawalchuk’s attention and focus was impaired and she struggled with reading. Although Ms. Kawalchuk was described as being aggressive with her sister, she was not aggressive with students or school staff or had any other behavioural issues in class. Ms. Kawalchuk relates that she was bullied in school; however, her mother does not recall this.
Also, according to Ms. Kawalchuk’s mother, she was diagnosed with bipolar disorder when she was 14 or 15 years of age and required repeated hospitalizations for this. She is reported to have often stopped taking prescribed medication.
Ms. Kawalchuk reports that she began using cannabis at the age of 12 and soon after, began taking Ecstasy tablets. This latter drug likely led to her admission to the Children’s Hospital of Eastern Ontario when she suffered a severe psychotic reaction.
Ms. Kawalchuk has used crystal meth and injected this drug for many years. She has been Hepatitis “C” positive. Ms. Kawalchuk also reports smoking crack for a number of years.
Since her admission to BMHC, Ms. Kawalchuk has required intensive support from the hospital to manage the fluctuations in her mental state, aggressive conduct towards others, difficulties in coping with stress and a poor response to treatment.
Evidence at Hearing
Dr. A. Adiele, the patient’s psychiatrist, testified. Dr. Adiele updated the panel about an incident on June 2, 2025 where Ms. Kawalchuk refused her medications resulting in a suspension of privileges.
Generally, Ms. Kawalchuk has made progress since last year. Ms. Kawalchuk was first on the list for transfer to the FITT House when she became unwell and had to be transferred to Unit B-3, a more restrictive setting than B-4. Ms. Kawalchuk did not take well to B-3 and some seclusion followed. Restraints had to be employed.
Ms. Kawalchuk’s behaviour shows a cyclical pattern. She becomes better but then takes a step backwards. Also, Ms. Kawalchuk suffers from a condition that impacts her behaviour.
Ms. Kawalchuk is now on B-4. There is no plan for her to return to B-3. There is some history between Ms. Kawalchuk and some staff on B-3. The patient has been on B-4 for a few weeks and things are going well.
Major decompensations occurred in April 2025 and September 2024. It is difficult to say if there were any triggers though some difficulties may be attached to medication changes.
To her credit, Ms. Kawalchuk, who began using illicit substances at 14, has never sought out substances despite their availability in the six years at the Hospital.
Ms. Kawalchuk’s approved persons are her sister and her mother. Ms. Kawalchuk enjoyed a number of outings with them including successful over nights. Ms. Kawalchuk is fond of her eleven-month-old niece. Ms. Kawalchuk’s mother lives in Smiths Falls. Her sister resides in Ottawa.
The transfer to the FITT House this year is a realistic goal. Ms. Kawalchuk’s functional assessment was good. Ms. Kawalchuk helps peers.
Ms. Kawalchuk has been offered psychoeducation but has declined. She has received therapy in past preferring 1:1 sessions.
In relation to the pattern of regressing when things are going well, self-sabotage could be a factor.
Ms. Kawalchuk has not quite returned to baseline. It will take a few months of stability before transfer to the FITT House can be reconsidered.
Analysis
- The Board was presented with a joint submission. It is clear from the oral evidence and hospital report that Ms. Kawalchuk continues to warrant her current disposition. Ms. Kawalchuk has several assets. She is determined not to use substances and has followed through in avoiding them for years. She has an excellent relationship with her family. She helps co-patients. She is intelligent. However, the complexities of her diagnosis may interfere with attaining her goals. There have been two noteworthy decompensations in the recent past. Ms. Kawalchuk would like to move to the FITT House. She was first on the list when she took a step backwards. The hospital has a strategy to ensure there is a good fit with her unit. Hopefully, matters will progress in a positive fashion so that, in time, she can be reconsidered for a transfer to the FITT House. We wish her well.
DATED this 1st day of August, 2025, at the City of Toronto, in the Toronto Region.
Mr. M. Segal
Alternate Chairperson
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Office of the Registrar
Ontario Review Board