Re: Dervan Lewis
ORB File No: 7258
Hearing held on: Tuesday, December 16, 2025
Place of hearing: Centre for Addiction and Mental Health
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. S. Kert
Members: Dr. T. Verny Dr. G. Nexhipi Hon. C. Nelson Mr. W. Apted
Parties Appearing:
Accused: Dervan Lewis Counsel: Mr. P.L. Barry
The person in charge of hospital: Counsel: Ms. M. Warner
Attorney General of Ontario: Counsel: Mr. J. Canton
REASONS FOR DISPOSITION
(Dated March 4, 2026)
Introduction
On November 7, 2017, Mr. Dervan Lewis was found not criminally responsible on account of mental disorder (“NCR”) on charges of robbery, theft of a motor vehicle, and assault causing bodily harm, all contrary to the Criminal Code of Canada (the “Criminal Code”).
On December 16, 2025, a panel of the Ontario Review Board (“Board” or “panel”) convened to review Mr. Lewis’ current Disposition pursuant to s. 672.81(1) of the Criminal Code. At the time of the hearing, Mr. Lewis was subject to a Disposition of the Board dated December 27, 2024, which discharges him on certain terms and conditions.
Mr. Lewis was present for his hearing, represented by counsel, Mr. P. Barry. Ms. M. Warner acted for the hospital; the Crown was represented by Mr. J. Canton.
A Hospital Report dated December 2, 2025, was entered as Exhibit 1.
The issues to be determined are whether Mr. Lewis continues to represent a significant threat to the safety of the public, and if so, the necessary and appropriate disposition to manage that risk having regard to the criteria set out in s. 672.54 of the Criminal Code.
For the reasons set out below, and based on the evidence before us, the Board found that Mr. Lewis no longer continues to represent a significant threat to the safety of the public and is entitled to be Absolutely Discharged.
Current Psychiatric Diagnoses
- Schizophrenia;
Cannabis Use Disorder, in sustained remission.
Initial Position of the Parties
- At the commencement of the hearing, the parties were canvassed for their without prejudice positions. The hospital took the position that Mr. Lewis is no longer a significant threat to the safety of the public and is, therefore, entitled to an Absolute Discharge. Mr. Canton stated that he wanted to hear the evidence before making his submission. Mr. Barry agreed with the hospital.
Index Offences
- The circumstances surrounding the index offence are taken from last year’s Reasons for Disposition, as follows:
“On May 22, 2014, Mr. Lewis entered a convenience store in Toronto. The store clerk saw him take a lighter without paying and tried to stop him. Mr. Lewis punched the clerk and exited the store. The clerk pursued him, and was struck again and knocked down by him.
Mr. Lewis then went towards a taxi stand and asked a driver to take him to a particular address. About half-way there, he asked the driver to take him to another address in the opposite direction. The driver objected and asked him to take a different taxi. He then began to hit the driver, and threatened him by saying that he had a pistol.
The driver stopped and exited his taxi. Mr. Lewis went to the driver's side of the taxi, struck the driver, who fell to the ground, entered the taxi, and drove away alone in it.
The taxi driver then used a device he had that enabled him to stop his taxi, and thus it was stopped while Mr. Lewis was driving it.
A passerby stopped to assist Mr. Lewis, whose vehicle was now inoperable, and Mr. Lewis asked for a lift. While being given the lift, he became irritated with a radio playing inside the car, and when the car was stopped and not moving on the highway, he went to the driver's side, told the driver to get out, and then he got into the car and drove off in it.
Mr. Lewis drove this car to a gas station, and had a confrontation with the attendant there. He then approached a woman who was filling up her car’s gas tank, and asked her for a lift. In the course of conversation with her, Mr. Lewis took a can of soda pop and poured it over her head.
Mr. Lewis then left the gas station on foot. He entered a store on Jarvis Street, where he became involved in a confrontation with workers in the store. By this time, many reports had been made to the police for one or more of the above-noted incidents, and he was arrested.”
Background and History
The Hospital Report contains extensive information regarding Mr. Lewis’ background and history, the entirety of which need not be repeated here in detail.
However, in summary, we note that Mr. Lewis is a 32-year-old male at the time of the hearing. He is single, with no dependents. He has a grade 12 education.
Mr. Lewis has a history of substance use. He began using cannabis in grade 9 and increased his use through grade 12.
His mental health deteriorated in young adulthood, with several involuntary hospital admissions in 2012 and 2013. In 2013, Mr. Lewis was admitted to hospital when his mother called police concerned about his suicidal thoughts, agitation, and threatening behaviour. At that time, Mr. Lewis was prescribed antipsychotic medication. He did not adhere to medication use in the community, failed to follow up with psychiatric appointments, and used cannabis contrary to the hospital’s recommendations.
At the time of the index offences of 2014, Mr. Lewis had not been adhering to medication, had become easily irritated and quick to react with physical aggression, and was experiencing psychotic symptoms, including paranoia, religious delusions, auditory hallucinations, thought broadcasting, and ideas of reference.
Mr. Lewis had charges relating to assaults, threats, and breach of court orders prior to the index offences. It appears that charges were dealt with through court diversion.
Mr. Lewis has worked in various capacities including as a truck exterior detailer, roofer, chef’s assistant, food court employee, and air duct cleaner.
Mr. Lewis is capable of consenting to psychiatric treatment.
Mr. Lewis has resided at Progress Place (supportive housing) in Toronto since March 1, 2023.
Evidence at the Hearing
The evidence at the hearing was given by Dr. A. Ali, Mr. Lewis’ psychiatrist and author of the Hospital Report.
Mr. Lewis continues to reside at Progress Place. He is checked up on by his outpatient team every week. He is very satisfied with his placement. The ACT team is working on initiating a CTO (Community Treatment Order) for him and expects that he will agree to enter into the CTO and abide by its terms. There have been no incidents of aggression this past year and Mr. Lewis has been fully compliant with taking his medication. He has not used substances even though his abstention condition was removed last year. He has insight into his illness, his medication needs and the importance of abstinence. He is committed to remaining substance free.
Although last year there was some concern as to whether his insight was superficial, there have been many discussions about this issue, and it has now been determined that he has a good understanding of his mental illness and the need to continue with medication even if absolutely discharged. He has engaged meaningfully with his team. He does not want to jeopardize his freedom and put his housing at risk when discharged from the Board.
Mr. Lewis has completed his therapy with respect to substance abuse. This was done through FORCAT on a 1:1 basis. His commitment to maintaining his mental health is now internalized and has been for the last two years. The ACT team that will be taking over his care has already started to see him and the current outpatient team will continue to support Mr. Lewis until all parties are comfortable with the transition of is care.
The Crown directed Dr. Ali’s attention to a number of concerns raised in last year’s Disposition. For instance, there was concern about Mr. Lewis’ “fluctuating insight” on the question of what would happen if he stopped his medication. Dr. Ali answered that she is now satisfied with Mr. Lewis’ level of insight. She pointed out that Mr. Lewis, himself, took the initiative to contact the ACT team. He sought the team out.
With respect to concerns about whether Mr. Lewis’ views on his need for continuing medication are genuine, Dr. Ali believes that he will remain on his medication. Dr. Ali states that Mr. Lewis is very positive about having a CTO in effect upon discharge. His motivation is genuine.
Dr. Ali also testified that Mr. Lewis will continue with his treatment in the community. Dr. Ali did, however, caution that, even with medical adherence, if Mr. Lewis were to return to cannabis use, decompensation was still likely.
With respect to significant threat, it is the unanimous opinion of Dr. Ali and her treatment team that he no longer meets the threshold, especially given the fact that, in addition to improved insight, there is follow-up with the ACT team and a CTO. Dr. Ali testified that because Mr. Lewis has agreed to a CTO, if he stops his medication, he will have to obtain it from the hospital. This provides Mr. Lewis with good risk management.
Dr. Ali, during her cross examination by the Crown, testified that Mr. Lewis’ housing is permanent and in answer to a Board member’s question, stated that his housing is not dependent on having ORB oversight.
No further evidence was called.
Submissions
The hospital submitted that, as Mr. Lewis has had another very good year, and has remained abstinent from substances, it is time to consider an Absolute Discharge. Protective factors are the ACT attachment and the CTO.
His housing at Progress Place is also important as is his enhanced insight. Mr. Lewis is no longer a significant threat to the safety of the public.
The Crown, in his submissions, stated that he could not agree with the hospital’s recommendation, because the Crown states that Mr. Lewis is telling his team primarily what he feels he wants it to hear. The Crown stated that the Board must look at previous evidence in the matter and caution should be exercised. The Crown submits that a continuation of Mr. Lewis’ Conditional Discharge is the least onerous and least restrictive Disposition that should be made.
Mr. Barry submitted that Mr. Lewis has demonstrated internal motivation (insight), and is no longer a significant threat to the safety of the public. The least onerous and least restrictive Disposition should be an Absolute Discharge.
Conclusion
- Based on the evidence heard, the Board is satisfied that Mr. Lewis no longer represents a significant threat to the safety of the public. He has had another good reporting year with no concerning incidents. He is medication adherent; his insight, according to the expert opinion of Dr. Ali, has improved to the point where he has a good understanding of his illness and the need for continual medication adherence. He will be helped in his transition by the involvement of an ACT team and he has also agreed to a CTO. The Board agrees with Dr. Ali and her team, that Mr. Lewis no longer can be found to be a significant threat to the safety of the public. Although the Crown raised concerns that were discussed in last year’s Disposition, those concerns have now been alleviated by the continuous progress Mr. Lewis has made this year. He is now entitled to an Absolute Discharge. The Board congratulates Mr. Lewis and wishes him well.
DATED this 4th day of March, 2026, at the City of Toronto, in the Toronto Region.
Hon. C. Nelson
Legal Member
__________________
Office of the Registrar
Ontario Review Board