Ontario Review Board
Re: Michael Stewart
ORB File No: 3782
Hearing held on: Thursday, November 27, 2025
Place of hearing: Brockville Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Mr. P. Capelle
Members: Dr. P. Darby
Dr. A. Gibas
Ms. M. Chamberlain
Ms. R. Chopra
Parties Appearing:
Accused: Michael Stewart Counsel: Mr. R. Barr
The person in charge of hospital: Representative Dr. R. Linthorst
Attorney General of Ontario: Counsel: Mr. K. Schultz
REASONS FOR DISPOSITION
(Dated February 24, 2026)
Introduction
On May 9th, 2003, the accused, Michael Stewart, was found Not Criminally Responsible (“NCR”) on account of mental disorder on a charge of second-degree murder contrary to the Criminal Code of Canada (“Criminal Code”). Mr. Stewart is currently subject to a Disposition of the Ontario Review Board dated December 18th, 2024, which discharges him on certain terms and conditions.
On November 27th, 2025, the Board convened at the Brockville Mental Health Centre (“BMHC”) to conduct Mr. Stewart’s annual review hearing. Mr. Stewart attended his hearing and was represented by his counsel, Mr. R. Barr. Also in attendance was Mr. Stewart’s father. A hospital report dated November 23rd, 2025, was entered as Exhibit No. 1.
The issues for this hearing are whether Mr. Stewart continues to represent a significant threat to the safety of the public and, if so, to determine the necessary and appropriate disposition.
Without Prejudice Position of the Parties
- Dr. Linthorst indicated that the hospital was seeking a renewal of Mr. Stewart’s conditional discharge absent any changes. Mr. Schultz, on behalf of the Attorney General, supported that recommendation. Mr. Barr advised that he would be challenging the ongoing presence of significant threat and seeking an absolute discharge for his client.
Background and Index Offences
The Board admitted into evidence the Hospital Report dated October 17th, 2025, as Exhibit 1. The document provides a great deal of information concerning Mr. Stewart’s personal history, mental health history as well as his course in hospital and in the community both prior to and subsequence to the index offence. As the Hospital Report was made an Exhibit, it is unnecessary to reproduce the information contained therein in these Reasons.
Mr. Stewart is 46 years old. He grew up in Ottawa and had a normal childhood. He graduated high school with grades in the high 80s. Thereafter, he began a program at Queen’s University but had to leave after just one week due to the onset of psychotic symptoms that precipitated his first admission at the ROMHC.
Alcohol use began in grade 9. He often drank until he passed out. By grade 10, he was using hashish, LSD, magic mushrooms, and cannabis. At one point, he smoked as many as 8 cannabis joints per day. Mr. Stewart has said he thinks magic mushrooms triggered his first experience with psychotic symptoms.
Mr. Stewart does not have any previous criminal convictions. However, immediately prior to the index offence, he was involved in two separate incidents where he physically attacked a staff member as well as another patient at the group home where he lived. From September 1998 to July