Re: Aaron Schpitzer
ORB File No: 8792
Hearing held on: Thursday, July 17, 2025
Place of hearing: Waypoint Centre for Mental Health Care
Pursuant to: Sections 672.47(1) and 672.48(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. C. Finley
Members: Dr. J.C. Ferencz Dr. B. Bordoff Ms. A. La Viola Mr. A. Bouvier
Parties Appearing:
Accused: Aaron Schpitzer Counsel: Mr. A. Rastgou
The person in charge of hospital: Representative: Ms. T. Newman
Attorney General of Ontario: Counsel: Ms. J. Armenise
REASONS FOR DISPOSITION
(Dated August 21, 2025)
Introduction
On May 22, 2025, Aaron Schpitzer was found unfit to stand trial on charges of criminal harassment, possession of a weapon for dangerous purpose, failure to comply with a release order, and failure to comply with probation, all contrary to the Criminal Code of Canada. Upon the verdict of unfit to stand trial, the Honourable Court did not make a disposition and remitted the matter for a hearing before the Ontario Review Board (“ORB”/the “Board”).
On July 17, 2025, the Board convened a panel to determine whether Mr. Schpitzer remains unfit to stand trial and, if so, conduct an initial hearing pursuant to s. 672.47(1) of the Criminal Code. Mr. Schpitzer was present and represented by his counsel, Mr. Rastgou.
At the outset of the proceedings, all parties were canvased as to their positions on the issues to be determined by the Board: whether Mr. Schpitzer remains unfit to stand trial; and if so, whether he represents a significant threat to the safety of the pubic; and if so, the necessary and appropriate disposition having regard to the criteria set out in s. 672.54 of the Criminal Code.
Ms. Newman, on behalf of Waypoint Mental Health Centre (“Waypoint”/the “hospital”), submitted that Mr. Schpitzer remains unfit, that he represents a significant threat to the safety of the public, and that the necessary and appropriate disposition is a detention order at Waypoint’s High Secure Provincial Forensic Programs Division, with the following terms and conditions:
to attend within or outside of the hospital for necessary medical, dental, legal, or compassionate purposes;
access to hospital grounds, beyond the secure perimeter, escorted by staff;
abstain absolutely from the non-medical use of alcohol or drugs or any other intoxicant;
submit samples of his urine/breath to the person in charge or his or her designate for the purpose of analyzing whether he has ingested alcohol, drugs, or any other intoxicant;
refrain from having in his possession any firearm, ammunition, or other offensive weapon, or being in the company of any person possessing a firearm other than a peace officer, and;
not contact or communicate in any way, either directly or indirectly, by any physical, electronic, or other means, with Michelle Redgrave or other staff at the North Bay Bus Station, except for the purposes of accessing the bus services at the North Bay bus station.
- Ms. Armenise, on behalf of the Ministry of the Attorney General, concurred in the hospital’s positions. Mr. Rastgou took no position.
Findings
- For the reasons that follow, the Board finds that Mr. Schpitzer remains unfit to stand trial. Further, Mr. Schpitzer represents a significant threat to the safety of the public and the necessary and appropriate disposition is a detention order at the High Secure Provincial Forensic Program at Waypoint with the terms and conditions as recommended by the hospital.
The Evidence
- The Evidence at the hearing consisted of the Hospital Report, dated June 20, 2025 (ex. 1), Psychiatric Progress Report, dated July 10, 2025 (ex. 2), Psychiatric Progress Report, dated July 11, 2025 (ex. 3), Consent and Capacity Board Report, dated July 10, 2025 (ex. 4), and North Bay Regional Treatment Centre response to a Rule 13 request, dated July 16, 2025 (ex. 5)1.
The Alleged Index Offences
- A description of the alleged offences has been taken from the Hospital Report, at pp. 2-4:
“Index Offence 1:
Charge: Criminal Harassment
The accused in this matter is Aaron SCHPITZER. The accused has a lengthy criminal history and suffers from Anti-Social Personality Disorder. He is known to carry weapons and have unpredictable behaviour. The accused resides with his mother and father at 414339 Bryans Road in the Township of Evanturel, south of Englehart.
The accused has been subject of numerous recent Police Officer Safety bulletins, warning officers to be cautious of any interactions with the accused.
On March 6, 2022, the accused became subject of a Release Order in the Province of Alberta. He was ordered to “not carry or have in his possession any weapons or imitation while outside of your residence”.
On June 5, 2024, the accused became subject of a Probation Order where he was ordered to “keep the peace and be of good behaviour:
SUMMARY:
Between September 6, 2024, and October 31, 2024, there have been at least ten documented occurrences or interactions involving the accused and members of the Temiskaming Ontario Provincial Police:
On September 6, 2024, the accused attended Englehart OPP detachment with a letter to provide to police, requesting they investigate the theft of organs from his body. On September 14, 2024, the accused called in requesting OPP assistance as he [h]as drafted charges for people, and they would not sign the document. On October 28, 2024, the accused called in for an OPP Unit ID # to use the police radio in his care. The accused advised he was a former military member.
On October 29, 2024, the accused had four different interactions. The accused called in requesting a cruiser for the morning and to confirm his OPP call sign. The accused called later in the day wanting use of an OPP vehicle and call sign and to use the detachment to work on reports; all requests were denied. A third similar request was received from the accused, who made utterances he was at detachment; however, he was not located on the property. Finally on this date, the accused attended the Englehart OPP detachment at 6:00 pm at shift change to pick up with work vehicle or to be brought to Temiskaming Detachment to collect a police cruiser there.
During the evening hours of October 30th, the accused called into the Temiskaming Detachment administration line and left lengthy voicemail request and soon would be “demanding use of an OPP vehicle. He made several utterances in that he is authorized to wear an RCMP uniform and not to run a “CPIC Query” on him. During the early hours of October 31st, the accused requested police attend the Esso gas bar on Fourth Avenue in Englehart. When officers arrived, the accused was wearing a military style uniform. Around 6:40 am, the accused again called for police at the Tim Hortons in Englehart. He was very specific about having an officer attend and would need an escort to the Temiskaming OPP Detachment. Members of the Temiskaming OPP detachment were reminded to be vigilant around all police facilities and exercise extreme caution with the accused. Based on the accused’s history and declining mental health, his has given reasonable fear to the members of the Temiskaming OPP detachment for their personal safety while on duty and while coming and going in their personal vehicles at the workplace. (Count 1 – _Criminal Harassment – _Repeatedly Communicate)
Index Offence 2 - 4:
Charges: Possession or a Weapon for a Dangerous Purpose
Fail to Comply with Probation Order
Fail to Comply with Release Order
Through the morning of October 31st, police spoke with the accused’s mother and learned his mental health is in rapid decline. He is not taking his medication, has not been sleeping and feels he has no reason to live. Grounds were formed to apprehend the accused under the Mental Health Act.
Around 9:20 in the morning, prior to police making contact with the accused, the Tim Hortons in Englehart called to report the accused was unwanted on the property. He was noted to have handcuffs in a pouch. A separate 911 call was received from Fourth Avenue in Downtown Englehart, where the accused was observed by a member of the public to have what looked like a tire iron in his hand. When the bystander asked if the accused was okay, he told him it would be best if they went back inside the apartment. Police arrived a short time later and found the accused to be wearing a dark military style uniform. He had a pry bar in his hand and had to be given repeated directions to drop the object. The accused was apprehended under the Mental Health Act. Police located a set of handcuffs and a roll of duct tape, along with the pry bar and several hand-written notes on the accused’s person and in his backpack (Count 2, 3 and 4).
Possession of a Weapon for a Dangerous Purpose, Fail to Comply with Probation Order and Fail to Comply with Release Order)
The accused was transported by police to the Temiskaming Hospital for a Mental Health Assessment. After a number of hours, police were informed the accused is “too violent” to be admitted to the nearest psychiatric facility due to his prior interactions at the North Bay Hospital and was turned back over to police.”
Background Information
The Hospital Report contains detailed information relating to Mr. Schpitzer’s background and psychiatric history and need not reviewed beyond the following material points. Mr. Schpitzer is a 29-year-old man who was born and raised in Kirkland Lake. According to records, Mr. Schpitzer began to exhibit behavioural difficulties in elementary school. He was diagnosed with Oppositional Defiant Disorder and Attention Deficit Hyperactivity Disorder.
After completing Grade 11, Mr. Schpitzer worked at a variety of jobs including at a gas station and fast-food restaurants and was an Air Force cadet at Canadian Forces Base (CFB) North Bay. Notably, he has been trespassed from all CGB North Bay properties. Mr. Schpitzer has received support from the Ontario Disability Support Program since the age of 21.
Mr. Schpitzer has a significant criminal record that is included in the Hospital Report. It contains multiple convictions for violence, in particular assaulting police officers, attempting to disarm a police officer, assault resisting arrest, uttering threats, carrying a concealed weapons and multiple convictions for failing to abide by court orders.
Mr. Schpitzer has a long history of substance use issues, involving alcohol, cocaine, marijuana, and other substances. He reported attending a Christian Recovery program for treatment of drug and alcohol abuse in 2010, which would have been at the age of fifteen. When using substances, he displayed paranoia and auditory hallucinations and was noted to be quick to anger.
In March 2014, Mr. Schpitzer was admitted to the North Bay Regional Health Centre (NBRHC) for an assessment of criminal responsibility on charges of possession of a weapon for a purpose dangerous to the public peace (x6), carrying a concealed weapon (x3), threatening death (x2) and criminal harassment. Upon admission, he was verbally aggressive and intimidating. In the circumstances, the assessment could not be completed, and he was returned to the North Bay jail. A new order, directing that the assessment occur at Waypoint, was issued.
While at Waypoint, Mr. Schpitzer continued to present as defiant, demanding and physically and verbally threatening toward staff. Dr. Dickey and Dr. P. Wright both concluded that there was no evidence that Mr. Schpitzer suffered from any major mental illness that would have allowed for an NCR defence.
In April 2018, Mr. Schpitzer was admitted to hospital after displaying paranoia, expressing a belief that the police were using people in his community to persuade him to leave town and that police were following him. After being discharged, the next day he attended at the NBRHC emergency department. He reported that he attended the hospital because he felt desperate and that he could hurt himself or somebody. He believed that the police were after him. He was discharged with a diagnosis of schizoaffective disorder and bipolar subtype and came under the care of the outpatient psychiatrist, Dr. Cochrane. Dr. Cochrane added the diagnosis of Antisocial Personality Disorder.
In July and August 2018, Mr. Schpitzer presented at NBRHC emergency department on several occasions. He had been noncompliant with medication and had been using substances. He presented with paranoid delusions, insisting that he was in danger and that he would defend himself against police who he believed were invading his personal space. When the doctor attempted to interview him, he was verbally and physically hostile. He told the doctor that it would be in the doctor’s best interest to end the interview.
Mr. Schpitzer was of the opinion that he required Concerta. Given his history of stimulant abuse, his treating psychiatrist, Dr. Cochrane, did not prescribe it.
In February 2019, Mr. Schpitzer again attended the NBRHC emergency department on a number of occasions. Medication noncompliance and substance use continued to be an issue for Mr. Schpitzer. His attendances often coincided with criminal charges that were before the Court. On one occasion, he agreed to a body search, but lunged and tried to disarm the police officer. After being placed in seclusion, he was discharged to police custody. The following was included in the discharge notes as contained in the Hospital Report, at p.17:
“[Mr. Schpitzer] carries a historical diagnosis of a primary psychotic disorder; however, Dr. Cochrane has wondered about the veracity of this. The main "symptom" of this condition during repeated presentations to the ED has been a fear that police are following him, but this seems reality based according to previous presentation. There are numerous instances of Mr. Schpitzer over-reporting psychiatric symptoms to obtain controlled medications (stimulants) and during one of his more recent assessments, Drs. Steele and Salako documented, "We do wonder whether or not he was looking for a psychiatric admission for a bit of secondary gain such that he could avoid his court date this coming Friday…
He has a diagnosis of antisocial personality disorder. In my medical opinion Mr. Schpitzer is not currently experiencing acute psychosis; rather, the main cause of his clinical presentation is malingering.”
Mr. Schpitzer apparently received a custodial sentence of seven months resulting from his attempt to disarm the police officer in the emergency department. While in jail, he was not compliant with medication, refused to bathe and barely ate and slept. He expressed paranoia and self-isolated with bizarre behaviour, requiring isolation. After his discharge from jail, he was brought to the NBRTC emergency department by police when he was observed engaging in bizarre behaviour in the community. Throughout the stay, he declined treatment, which led to further deterioration and increased bizarre behavior and multiple periods of seclusion.
On August 26, 2021, Mr. Schpitzer was found incapable of consenting to treatment and his father became his substitute decision maker (SDM). Mr. Schpitzer appealed the finding. Pending that appeal, Mr. Schpitzer gained access to a fire hose on the unit, turned on the water and destroyed property. He was also able to elope from the hospital during a power outage. Staff noted that Mr. Schpitzer’s presentation alternated between organized and tangential depending on the staff member with whom he was interacting. “This suggested that the escalated behaviour may be a product of his personality disorder rather than his underlying schizoaffective disorder.” 2
Mr. Schpitzer did not pursue his appeal and his behaviour deescalated, again suggesting that his behaviour was more attributable to his antisocial personality disorder. He was agreeable to entering into a Community Treatment Order. Of note, Mr. Schpitzer’s father advised the treatment team that his son had received a neurocognitive assessment as a child, which reportedly revealed pre-frontal lobe delays (impacting his capacity for rationalization and impulse control).
In January 2022, Mr. Schpitzer was apprehended on a bus headed for Alberta. He had not been attending for his injections pursuant to the Community Treatment Order. He was brought to NBRTC and immediately required seclusion. He was physically aggressive and threatening toward staff, including threatening to kill his treating psychiatrist. According to the assessing psychiatrist, “[h]e conveyed a sense that he would not hesitate to act violently against other ‘authority figures’ including nursing staff and anyone on the unit who is not a fellow patient.”3
In September 2022, Mr. Schpitzer was brought to the Englehart and District Hospital Emergency Department for an injection of antipsychotic medication. He had been subject to a restraining order by the hospital after he produced a starter’s pistol and threatened employees. He denied having schizophrenia, hallucinations or engaging in problematic behaviour and expressed a desire to stop taking his medication.
From March 26, 2024, to May 15, 2024, Mr. Schpitzer was admitted to NBRHC pursuant to a Treatment Order. He was noncompliant with medication and endorsed paranoid and grandiose delusions. Throughout his admission, he refused to engage in the assessment process and did not consent to an assessment of fitness. At the conclusion of the order, he was returned to the North Bay jail.
Mr. Schpitzer was taken to the Temiskaming Hospital Emergency Department on October 31, 2024, following his arrest for the alleged index offences. He stated that he believed that he was a retired military colonel. Following a consultation with NBRHC, the decision was made to return Mr. Schpitzer to the North Bay jail.
On December 10, 2024, Mr. Schpitzer returned to NBRHC pursuant to an order for a 30-day fitness assessment. As had been the case previously, Mr. Schpitzer refused to participate in any assessments. He would quickly become irritated, hostile, and threatening toward staff. Mr. Schpitzer required both physical and chemical restraints. On December 15, 2024, he created a disturbance by trying to remove an emergency fire hose from the wall and made repeated attempts to pry open the windows of the nursing station. Staff attempted to stop him by placing him in a seclusion room. Mr. Schpitzer began to resist the staff members and fight back, by grabbing a nurse’s hair and pulling it with significant force. A code white was initiated. Four security staff and eight nursing staff were required to place him in seclusion. Mr. Schpitzer was charged with assaulting a nurse.
On January 9, 2025, Mr. Schpitzer was in a cell at the North Bay jail. He deliberately spat a quantity of saliva striking a correctional officer in the back of the neck. He was charged with assaulting peace officer. On February 21, 2025, Mr. Schpitzer was again at the North Bay jail and demanded he be released from custody. He spat at a correctional officer which landed on the victim’s forehead. He was subsequently charged with assaulting a peace officer. Charges of Assault and Assaulting a Peace Officer (x2) remain outstanding.
Mr. Schpitzer was subsequently found unfit to stand trial. On March 4, 2025, he was admitted to Waypoint pursuant to a Treatment Order. He refused medication and refused to respond to questions from Dr. Komer. He insisted on being immediately released. Mr. Schpitzer eventually agreed to accept injections of antipsychotic medication when staff dressed in protective gear attended. Mr. Schpitzer continued to express grandiose delusions that he was an officer of the law. He kicked and banged his room door and window and yelled threats towards staff and co-patients. At the conclusion of the Treatment Order, the Court found that he remained unfit to stand trial.
Course Since the Finding of Unfit
Mr. Schpitzer’s current diagnoses are Schizoaffective Disorder, Bipolar type, Antisocial Personality Disorder, and Cannabis Use Disorder, moderate, in sustained remission. As of the date of the Hospital Report he was determined to be capable of making decisions with respect to his treatment. Upon his return to Waypoint on June 2, 2025, on a Warrant of Committal, Mr. Schpitzer was placed in seclusion. That period of seclusion ended on June 6, 2025.
Mr. Schpitzer indicated that he did not want to continue to receive injectable medication and requested switching to oral medication. He complied with oral olanzapine from June 3rd to June 8th and then regularly refused medication. He does not feel that he needs antipsychotic medication though did allow for the possibility of taking olanzapine on an as-needed basis. Mr. Schpitzer continues to maintain that he should be released but no longer yells at or threatens staff or co-patients.
Mr. Schpitzer refused to participate in an assessment of his risk, so the risk assessment contained in the Hospital Report at pp.26-28 is based on collateral information. Mr. Schpitzer has been identified as having 9 of the 10 historical risk factors and 4 out the 5 clinical risk factors for future violence.
Dr. Komer testified before the Board. He reported that Mr. Schpitzer has been in seclusion for six days. His mental status has deteriorated since the writing of the Hospital Report. He has continued to refuse his medication, even on a as needed basis, and he has been found incapable of consenting to treatment. Treatment has not commenced as Mr. Schpitzer has appealed that finding and a hearing before the Consent and Capacity Board is scheduled the same day as his initial ORB hearing (the instant hearing).
Mr. Schpitzer continues to be uncooperative with being assessed. Dr. Komer testified that Mr. Schpitzer’s ability to meaningfully participate in a court proceeding or communicate with counsel or the court is impaired. In Dr. Komer’s opinion, Mr. Schpitzer remains unfit to stand trial. However, Dr. Komer indicated that, with treatment, Mr. Schpitzer would likely become fit to stand trial.
Dr. Komer reported that since Mr. Schpitzer has been in seclusion, he has been very agitated, banging and kicking his door, and swearing. At one point he indicated that he wanted a yellow framing hammer.
Mr. Schpitzer has been offered seclusion relief and he behaved appropriately.
Dr. Komer testified that earlier in Mr. Schpitzer’s admission the hospital felt that he was more stable and could be managed at the NBRHC. Given Mr. Schpitzer’s current presentation, Dr. Komer does not feel that a less secure forensic setting would be able to manage Mr. Schpitzer’s risk for violence. In the doctor’s opinion, the necessary and appropriate disposition is a detention order at Waypoint’s High Secure Provincial Forensic Program.
In response to questions from Ms. Armenise, Dr. Komer indicated that before Mr. Schpitzer is out of seclusion, he would have to refrain from aggression. He would have to demonstrate that he was able to control his behaviour. Should he receive treatment with antipsychotic medication, the doctor believes that Mr. Schpitzer could be fit within 3-4 months.
According to the clinical note dated July 11, 2025 (ex. 3), Mr. Schpitzer was described as yelling, rambling incoherently in response to unknown stimuli, and “displaying loud and rapid pressured speech with word salad/flight of ideas.” Mr. Schpitzer had difficulty expressing himself coherently and relevantly and displayed formal thought disorder.
Mr. Schpitzer testified before the Board. He said he was essentially looking for a bail hearing pursuant to s. 24 of the Charter. He testified that he was experiencing “another unfortunate experience of getting raped by hospitals in the past and then finding that they force antipsychotics.” He does not believe that he is responding to internal stimuli and does not need anti-psychotic medications. When asked by his lawyer whether he would be able to instruct counsel he replied no.
Ms. Newman and Ms. Armenise maintained their initial positions. Mr. Rastgou made no submissions.
Analysis and Conclusion
- The Board has carefully considered the Hospital Report and the various clinical notes as well as the evidence of Dr. Komer and Mr. Schpitzer and unanimously concludes that Mr. Schpitzer remains unfit to stand trial. The Board has the benefit of the recent Supreme Court of Canada decision in R v Bharwani, 2025 SCC 26, at para 6:
“[A]n accused is fit to stand trial when they are able to make and communicate reality-based decisions in the conduct of their defence or instruct counsel to do so. Conducting a defence includes making decisions that an accused must always make personally and those which relate to the exercise of their right to full answer and defence, such as decisions about pleas, the mode of trial, selection of counsel, whether to testify, whether to call or cross-examine witnesses, and closing submissions, among others. The capacity required to make those decisions is a reality-based understanding of the nature or object of the proceedings and their possible consequences, an ability to understand the available options and their consequences, and an ability to select between those options when making decisions. Fitness to stand trial does not require an accused to make decisions in their best interests. Rather, it requires making decisions based on an understanding of reality that is not overwhelmed by delusions, hallucinations, or other symptoms of their mental disorder. Transient mental health symptoms do not necessarily compromise an accused’s ability to conduct a defence. The focus is always on assessing the extent to which an accused’s mental disorder impairs their understanding of reality when making and communicating decisions in their defence.”
Mr. Schpitzer has a diagnosis of Schizoaffective disorder, Bipolar type. He has remained noncompliant with medication and, as a result, has had a significant deterioration in his mental status. The Board accepts Dr. Komer’s opinion that Mr. Schpitzer’s thinking is problematic, and he lacks the ability to meaningfully participate in a court process or communicate with his counsel or the court. Further, he would be unable to instruct counsel in the manner contemplated in Bharwani. Mr. Schpitzer’s testimony before the Board confirmed that. Should Mr. Schpitzer resume treatment, it is likely that he will become fit to stand trial and be referred back to the Court, either by way of an early hearing or pursuant to s. 672.48(3) of the Criminal Code.
The Board unanimously finds that Mr. Schpitzer remains a significant threat to the safety of the public. He continues to exhibit psychotic symptoms, including paranoia and delusions that he is an officer. He has demonstrated a pattern of acting out aggressively, at times with the use of a weapon. He has assaulted hospital nursing staff and threatened his treating psychiatrist. He currently is facing charges for similar behaviour while in a correctional setting.
Mr. Schpitzer currently lacks insight into his mental illness and, therefore, has no insight into the ongoing need for medication in order to manage his risk for violence in the community. Should Mr. Schpitzer not be subject to a disposition of the Board, he would return to his community, remain noncompliant with treatment, and continue to act on his delusional belief that he is an officer, similar to the time of the alleged index offences. As such, he would present as a real and significant threat to the safety of the public.
Having found that Mr. Schpitzer continues to represent a significant threat to the safety of the public, the Board must consider the necessary and appropriate disposition taking into consideration the criteria set out in s. 672.54 of the Criminal Code, which includes the need to protect the public from dangerous persons, the mental condition of the accused, the integration of the accused into society and the other needs of the accused.
The Board unanimously finds that Mr. Schpitzer requires the structure and support only found at Waypoint’s High Secure Provincial Forensic Program. He currently is in seclusion and has been aggressive and threatening towards staff and co-patients. He is offered seclusion relief on a regular basis, something that would not be available in a less secure forensic hospital. Accordingly, the necessary and appropriate disposition is a detention order with the terms and conditions as recommended by the hospital
DATED this 21st day of August 2025, at the City of Toronto, in the Region of Toronto.
Ms. C. Finley
Alternate Chair
Office of the Registrar
Ontario Review Board