Re: Michael J. McEwan
ORB File No: 8474
Hearing held on: Monday, January 5, 2026
Place of hearing: Royal Ottawa Mental Health Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. M. Labrosse
Members: Dr. S. Lessard
Dr. G. Boulais
Mr. D. D’Intino
Ms. K. Brisson
Parties Appearing:
Accused: Michael J. McEwan
Counsel: Ms. K. Lundrigan
The person in charge of hospital: Representative: Dr. C.M. Sani
Attorney General of Ontario: Counsel: Mr. J. Wright
REASONS FOR DISPOSITION
(Dated February 20, 2026)
Introduction
On November 28, 2023, Mr. Michael McEwan was found not criminally responsible on account of mental disorder, on three counts of criminal harassment, contrary to the Criminal Code of Canada (“Criminal Code”).
Mr. McEwan is subject to a Disposition of the Ontario Review Board (the “Board”), dated January 7, 2025, which ordered that he be detained within the Secure Forensic Unit at the Royal Ottawa Mental Health Centre (“ROMHC”).
On January 5, 2026, a panel of the Ontario Review Board (“ORB”) convened in person and a hearing was held at the ROMHC. The purpose of the hearing was to determine if Mr. McEwan continues to represent a significant threat to the safety of the public as defined in the Criminal Code of Canada, and if so, the necessary and appropriate disposition.
For the reasons set out below, the Board unanimously finds that Mr. McEwan meets the threshold for significant threat to the safety of the public and that the necessary and appropriate Disposition is a continuation of his current Detention Order Disposition with one change to its terms and condition that would allow for Canada-wide travel.
Current Psychiatric Diagnoses:
Delusional Disorder, persecutory type, currently in remission;
Post-traumatic stress disorder
Attention-Deficit Hyperactivity Disorder
Cannabis use disorder, severe, in early remission
Alcohol use disorder, severe, in early remission
Opioid use disorder, in sustained remission
Index Offences:
- The facts giving rise to the index offences were set out in last year’s Reasons for Disposition and are summarized as follows:
“According to the Crown Brief Synopsis, on April 8, 2023, Mr. McEwan’s off-and-on spouse, Pamela Paquette, called police stating she was being harassed by Mr. McEwan, and she was becoming fearful due to the contents of text messages he was sending. It was noted that Mr. McEwan and Ms. Paquette were involved in an on-and-off romantic relationship over the course of eighteen years, and they had two children. Mr. McEwan and Ms. Paquette broke up at some point in 2022, and they had been living in separate apartments since then.
It was further reported that Mr. McEwan approached the police officer as the officer was leaving the police station, where he began speaking about how he was convinced his daughter, Dezirae, was not actually his daughter, accusing Ms. Paquette of swapping babies in 2006 with someone else. Mr. McEwan was also fearful that Ms. Paquette would harm Dezirae in order to cover this up. Mr. McEwan expressed great concern for his daughter, repeatedly stating “if you guys don’t go and protect her, I’ll be forced to do something.” When asked to elaborate on what he meant by “something,” Mr. McEwan said, “I’ll do what I have to do to protect my kids.” Mr. McEwan was observed acting “manic” and speaking at a very fast pace while appearing truly concerned that his daughter was in danger. Mr. McEwan acknowledged not being on any medication. He kept repeating himself, fixated on certain thoughts, and was felt to be unreasonable.
The officers eventually made their way to meet with Ms. Paquette to investigate the claims that Mr. McEwan was reporting. However, arrangements were then made to speak with Ms. Paquette and the daughter, Dezirae, at the police station in order to get a separate written statements. When speaking with Dezirae, she noted that Mr. McEwan was messaging her about a hundred times per day, often times without her responding. She added that Mr. McEwan would come to the home up to fifteen times per day. She did not express being fearful of her father, instead being more fearful for her mother due to what Mr. McEwan believed Ms. Paquette would do to harm her. As such, Dezirae said she did not want Mr. McEwan to come near the home anymore. She was provided with a link that she could upload screenshots of their conversations to support her claim of harassment.
When the officer spoke with Ms. Paquette, she reported being scared of Mr. McEwan and that she was being repeatedly harassed. She confirmed that he would attend the home daily, which she felt was intimidating and harassing. She added that she would message Mr. McEwan just as much as he messaged her, and that she was not the victim of any threats, where messages that she thought were death threats were in fact not. Ms. Paquette apparently refused to provide any physical evidence to further support her claim of harassment, and she refused to sign her statement prior to leaving the police station by foot.
After completing the statements, the officer determined that the threats complaint was unfounded. As such, the officer informed Mr. McEwan that he would only be charged with three counts of criminal harassment.”
Without Prejudice Positions of the Parties:
At the commencement of the hearing, the parties were canvassed for their initial positions.
The Hospital took the position that Mr. McEwan meets the threshold for significant threat to the safety of the public and that the necessary and appropriate Disposition was a continuation of the existing Detention Order with a change to its terms that would allow for Mr. McEwan to travel across Canada.
Counsel for the Attorney General supported the Hospital’s position.
Counsel for the accused also supported the Hospital’s position and thus the Board was presented with a joint submission.
Evidence at the Hearing:
The Board had available to it the evidence and documents forming the Record, the Exhibits, and oral evidence from Dr. C.M. Sani, who testified on behalf of Mr. McEwan’s attending psychiatrist Dr. M. Strike.
Dr. Sani testified by way of update to the Hospital Report that Mr. McEwen relapsed into substance abuse in May and June of 2025. While he denied using substances in the first instance, he did eventually admit to using in the second. Despite his use of substances in those instances, there was no observable change to his mental status.
Mr. McEwan was successful in obtaining some employment with “Needle Hunters” and completed the Bakeology program at the Hospital. While on recent visits to see his family, they did not raise any concerns with the treatment team.
Dr. Sani further testified that Mr. McEwan was approved for financial support from the Forensic Housing Support Program, which should open up some further community housing options for him
Dr. Sani believes that Mr. McEwan continues to pose a significant threat to the safety of the public for several reasons which includes his suboptimal insight into the connection between his substance abuse and the index offences, concerns about past non-adherence to his oral medications and concerns about the impact of stressors on Mr. McEwan’s future ability to remain abstinent from substances.
In response to Panel questions, Dr. Sani testified that there is a concern about how Mr. McEwan’s post-traumatic stress disorder diagnosis might affect his potential for violent reoffending, particularly because when he transitions to a more independent living situation, he will be more isolated and will be exposed to greater temptations, and it is unclear how he will cope.
Dr. Sani further testified that Mr. McEwan accepts that he has a mental illness and has some insight into the need for medication. He has remained medication compliant and apart from his two positive UDS screens earlier in 2025, there have been no recent confirmed positive drug tests. He has expressed an intention to continue with his medication as he understands that without it, his psychotic symptoms would reemerge.
In order to progress toward a Conditional Discharge, Dr. Sani opined that the treatment team will be looking for Mr. McEwan to successfully fully transition to community living in a more independent setting, avoid the use of substances in a very consistent manner, continuing to integrate into the community towards employment goals, increase his engagement with programming more consistently, in particular regarding substance use.
At this juncture however, Dr. Sani was of the opinion that the provisions of the Mental Health Act would not be sufficient to manage Mr. McEwan’s risk in the community and that the authority of the detention order was necessary to quickly return him to the Hospital should his mental status decline.
Analysis and Conclusions
Having heard and considered the entirety of the evidence as well as the submissions from the parties, the Board finds that Mr. McEwan does meet the threshold for significant threat to the safety of the public and finds that a continuation of the existing Detention Order Disposition is the least onerous and least restrictive, necessary, and appropriate Disposition in the circumstances.
A significant threat to the safety of the public cannot be speculative. It must entail a real risk of serious physical or psychological harm arising from conduct that is both serious and criminal in nature.
In determining whether Mr. McEwan represents a significant threat to the safety of the public, the Board has carefully analyzed the evidence as it relates to the Supreme Court of Canada decision in Winko, 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625 and the definition of the term in s. 672.5401 of the Criminal Code.
Mr. McEwan suffers from a delusional disorder which is treated by his current medication regime and the structure and supports of the forensic mental health system. However, as set out in the testimony of Dr. Sani, Mr. McEwan continues to struggle with post-traumatic stress disorder and substance abuse.
Dr. Sani provided many positive updates in his testimony concerning improvements in Mr. McEwan’s insight and his transition into community living, but his polysubstance abuse and insight into the connection between substance abuse, the index offence and those substances effects on his mental status remain underdeveloped.
Mr. McEwan has a lengthy criminal record for offences of violence and non-compliance with Court orders. He was most recently assessed as posing a moderate to high risk of future violence while under the current Detention Order Disposition.
The Panel finds that there was uncontradicted evidence on the record that supports the position of the Hospital that Mr. McEwan remains a significant threat to the safety of the public, notwithstanding his excellent progress in the most recent reporting year.
As such, after considering of all the evidence, the submissions of the parties, the wishes of Mr. McEwan and the criteria set forth in s. 672.54, the paramount consideration being the safety of the public, in addition to the mental condition of Mr. McEwan, his reintegration into society and his other needs, the Panel finds that a continuation of the existing Detention Order Disposition with the requested change to his travel permissions is the necessary and appropriate Disposition.
DATED this 20th day of February 2026, at the City of Toronto, in the Toronto Region.
Mr. D. D’Intino
Legal Member
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Office of the Registrar
Ontario Review Board