Re: Michael D. Zagozdzon
ORB File No: 8156
Hearing held on: January 29, 2026
Place of hearing: St. Joseph’s Healthcare Hamilton, West 5th Campus
Pursuant to: Section 672.81 of the Criminal Code
Before:
Alternate Chairperson: Mr. J. Weinstein
Members: Dr. H. Bloom Dr. A. Kerry Hon. A. Sosna
Parties Appearing:
Accused: Michael Zagozdzon Counsel: Mr. A. Rai
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. Malkovich
REASONS FOR DISPOSITION
(Dated: March 16, 2026)
Introduction:
Michael Zagozdzon was found not criminally responsible, “NCR”, on September 6, 2022, on account of a mental disorder, on a charge of robbery, contrary to the Criminal Code.
He is currently subject to a Disposition of the Ontario Review Board (the “Board”) pursuant to a Disposition dated January 30, 2025, whereby he is discharged subject to conditions.
On Thursday, January 29, 2026, the Board convened a hearing at St. Joseph’s Healthcare Hamilton, West 5th Campus (“St. Joseph’s”) to conduct the annual review of the current Disposition.
Mr. Zagozdzon is deaf. In order that he be able to understand and follow the evidence in the hearing, Mr. Zagozdzon had the benefit of an interpreter using American sign language via a Zoom link.
A Hospital Report dated January 9, 2026 (the “Hospital Report”) was entered as Exhibit 1. Dr. Yuri Alatishe, the author of the Hospital Report, testified at the hearing.
The issue at this hearing is whether Mr. Zagozdzon is a significant threat to public safety, as defined in s. 672.5401 of the Criminal Code. If so, the necessary and appropriate Disposition in the circumstances must be determined, bearing in mind the factors enunciated in s. 672.54 of the Criminal Code.
For reasons set out below and based on the expert evidence and opinions before it, the Board concluded that Mr. Zagozdzon continues to represent a significant threat to the safety of the public. The Board ordered that the necessary and appropriate Disposition is a continuation of the present Conditional Discharge with amendments to be detailed below.
Current Diagnosis:
- Bipolar 1 Disorder, most recent episode manic, with psychotic features, in full remission.
Cannabis Use Disorder, in sustained remission, in a controlled environment.
Index Offence:
- The circumstances giving rise to the Index Offence are summarized as follows:
On January 21, 2022, Mr. Zagozdzon drove to a gas station in Milton Ontario. After entering the store, Mr. Zagozdzon confronted the store attendant, and grabbed a bag located on the counter owned by the attendant. Mr. Zagozdzon pushed the attendant, and took the attendant’s cell phone located on a charger in the immediate vicinity.
The attendant left the store in order to record the licence number of Mr. Zagozdzon’s motor vehicle. Mr. Zagozdzon remained in the store. When the attendant attempted to re-enter, a struggle ensued with Mr. Zagozdzon holding the door closed. Once the attendant was able to gain re-entry, he was pushed to the ground and punched numerous times. Mr. Zagozdzon then fled the scene in his car with the attendant’s property. The licence plate number was recorded by the attendant. Mr. Zagozdzon was arrested shortly thereafter.
Position of the Parties:
- Counsel for the Hospital, Crown Counsel, and Counsel for Mr. Zagozdzon by joint submission agreed to the continuation of the present Detention Order with amendments to be detailed later in these Reasons.
Background:
Mr. Zagozdzon is 40 years old. He is single. He has no dependants. He has no previous record.
Mr. Zagozdzon was born in Poland. At birth he was diagnosed with a genetic condition resulting in deafness. He learned to communicate through Polish and American sign language (ASL).
Mr. Zagozdzon and his parents emigrated to Canada in 1991. He attended the E.C. Drury School for the Deaf during his elementary and secondary school years. He did well scholastically, receiving numerous awards including a scholarship for university.
He attended Gallaudet University in Washington D.C. (ASL /English University) for two years before returning to Canada due to personal family issues. He presently lives with his parents at their home in Milton.
Employment History:
- Mr. Zagozdzon was employed for three years with the Bob Rumball Centre of Excellence in a group home that supports children with special needs. He then worked for the Ontario Deaf Sports Association for three years where he focused on education, coaching, and development programs. After completing their three-year tenure, he developed a website (Deafcloud.com) that offers deaf resources and advertisements to subscribers. The website presently continues in operation.
Psychiatric History:
Mr. Zagozdzon’s mother noticed a change in her son’s behaviour in 2016. Mr. Zagozdzon exhibited low mood, anxiety and bizarre behaviour. He struggled finding employment as a “deaf person in a hearing world”. His mental health declined further, and he was hospitalized in 2017 as a result of increased agitation. Thereafter he was detained by the police and hospitalized on multiple occasions when he exhibited increased periods of bizarre behaviours, agitation and aggression in the community at large. His conduct was typically complicated by alcohol, marijuana use, and non-compliance with prescribed medication.
Mr. Zagozdzon was charged with Robbery for the index offence and found NCR on September 6, 2022. Presently he is bound by a Conditional Discharge pursuant to a Disposition dated January 30, 2025.
Evidence at Hearing:
Dr. D. Alatishe testified and confirmed the contents of Exhibit 1, the Hospital Report. He testified that he has been Mr. Zagozdzon’s psychiatrist since 2022.
Mr. Zagozdzon was discharged from St. Joseph’s to the community on March14, 2024. He resides at his family home with his parents in Milton. At the start of the reporting period, Mr. Zagozdzon was seen weekly by his case manager and quarterly by Dr. Alatishe.
Mr. Zagozdzon’s reporting was reduced to biweekly visits. There were no concerns about medication non-compliance, his mental status was stable, with no evidence of manic, depressive or psychotic symptoms. All drug screens collected had proven negative. Mr. Zagozdzon demonstrated clear insight into the destabilizing role that substances played in his index offence and prior illness. He was well supported by his parents, with whom he lived.
Mr. Zagozdzon has secured full-time employment with the Ontario Deaf Association as a communications coordinator. As previously noted, he operates a website that offers Deaf resources and advertisements to subscribers. He has additionally assumed a part-time position as an on-call Deaf accessibility consultant, providing input on accessibility design for public institutions and businesses. His social network consists mainly of friends in the Deaf community, in which he is very active.
He is currently enrolled in part-time studies at Toronto Metropolitan University to be an accredited Deaf interpreter.
In 2025 he travelled with his parents to the Netherlands, Poland and Las Vegas without issue.
Mr. Zagozdzon attended a psychological assessment in October 2025. He acknowledged that he is diagnosed with a bipolar disorder. He recognized the importance of his current medication regime in maintaining stability. He understood the negative impact of substances (i.e. cannabis and alcohol) on his mental health. He reiterated his commitment to abstinence. He stated that being substance-free has improved his ability to manage any charged emotions which were triggered by substance use.
During the assessment Mr. Zagozdzon advised that he was contemplating moving out of the family home to live independently in an apartment. He also stated that he was hopeful he would be granted an Absolute Discharge in the upcoming ORB hearing.
Citing stability concerns, Crown counsel asked Dr. Alatishe about Mr. Zagozdzon’s plan to leave the family home and live in an apartment. Dr. Alatishe responded that any plan for independent living has only been generally discussed with no detail or date proposed. He testified that if Mr. Zagozdzon continued to progress, living independently would be a future option.
Further, when asked whether it would be a setback in Mr. Zagozdzon’s progress if he were not granted an Absolute Discharge in the upcoming ORB hearing, Dr. Alatishe testified Mr. Zagozdzon had a mistaken belief that only with an Absolute Discharge could he travel more extensively than under the terms of the present Conditional Discharge.
When Mr. Zagozdzon was advised of his mistaken belief, he indicated he was indifferent as to whether he received an Absolute Discharge or remained bound by a Conditional Discharge. Dr. Alatishe testified that whatever decision the ORB made would not be a setback for Mr. Zagozdzon.
Risk Assessment:
- The findings from Mr. Zagozdzon’s 2025 risk assessment in part are as follows:
In terms of clinical risk factors associated with Mr. Zagozdzon’s potential for violence, his functioning over the last year has been reviewed. His mental state has been consistently described as stable. There has been no evidence of affective, behavioural, or cognitive instability. No concerns about his potential for aggression or violence has been identified.
Mr. Zagozdzon appears to have a fair insight into his mental illness and the need for treatment. …Mr. Zagozdzon appears to have a good insight into the destabilizing impact of substance abuse on his illness.
Considering all factors identified …. Mr. Zagozdzon currently has a high degree of protection against his risk for future violent behaviour if maintained on an ORB Disposition. Regular contact with mental health professionals, medication adherence, and abstinence from all substances are critical factors in managing his risk at this time. Helping to support his vocational and leisure goals will continue to be important in managing his risk going forward.
Updated Risk Assessment November 2025:
- The following is an update of the January 2025 risk assessment. Only areas of substantial change are noted. In part the assessment reads as follows:
There were no aggressive incidents noted. The likelihood of violence remained in the low category with supports, while rising to a moderate level in the absence of supervision over time. There are no concerns with escape. Lastly all urine drug screens are negative.
…Mr. Zagozdzon continues to be medication compliant, appreciating their importance in managing his health condition...He continues to demonstrate good behavioural, emotional, and cognitive ability throughout the period since January 2025.
Mr. Zagozdzon’s risk for violence is considered low with the current ORB disposition….
The concluding paragraph in the Hospital Report authored by Dr. Alatishe states; “In summary, Mr. Zagozdzon has demonstrated an exceptional year of psychiatric stability, abstinence, and functional recovery”.
When asked by Crown counsel how he would describe Mr. Zagozdzon’s clinical course over the last year, Dr. Alatishe confirmed as stated in the Hospital Report that Mr. Zagozdzon has had a successful year in all psychiatric domains, including stability, with no symptoms of mood elevation or depression. His insight into substance abuse has improved, he has contributed to the Deaf community, he has socialized with his peers with no problems, and has travelled with his parents to Poland, the Netherlands and Las Vegas. He stressed that Mr. Zagozdzon has had a very successful year.
Assessment and Findings:
After considering the Hospital Report and the evidence of Dr. Alatishe, the panel found that despite the significant progress made by Mr. Zagozdzon in the last year, he remains a significant threat to public safety. The index offence, a robbery of a defenceless gas bar employee, in which the employee was pushed to the ground, repeatedly punched and had his personal property stolen, was violent. At the time Mr. Zagozdzon was suffering from a mental illness, likely compounded with alcohol and marijuana abuse, and noncompliance with prescribed medication.
On the issue of risk management, the panel concurs with Dr. Alatishe’s comments that, notwithstanding Mr. Zagozdzon’s exceptional year of mental health progress, more time is needed for a final assessment. As stated in part in the Hospital Report:
The index offence occurred in 2022, with an NCR finding in September 2022 and subsequent admission to (St. Joseph’s). Mr. Zagozdzon has been living in the community only since March 2024 and has been subject to a Conditional Discharge for approximately one year following the January 2025 ORB hearing…. additional time under reduced controls is required before concluding
that the risk has been attenuated to the point oversight is no longer necessary.
The treatment team’s objective is to observe Mr. Zagozdzon’s functioning over an additional year under less restrictive conditions…Should he continue to demonstrate [a] level of stability and judgement under a more permissive disposition, the hospital would be well positioned at the next annual review to recommend an Absolute Discharge
- The panel agreed with the joint recommendation of the Hospital, Crown Counsel and Counsel for Mr. Zagozdzon, that the terms and conditions provided in the January 30, 2025 Disposition continue, save and except for the following terms that are to be deleted:
Abstain absolutely from the non-medical use of alcohol or any other intoxicant or drugs;
On his consent, agree to take medication and treatment as prescribed by his psychiatrist or as directed by the person in charge of St. Joseph’s, or his or her designate, in accordance with s. 672.55 (1) of the Criminal Code;
Attend at St. Joseph’s for psychiatric assessment on request of the person in charge of St. Joseph’s, or his or her designate;
Be provided with travel passes outside of Ontario, for up to 4 weeks, upon first obtaining approval of his itinerary by the person in charge or their designate, and accompanied by either his mother or father.
The panel finds that the continuation of the present Detention Order, with the agreed upon deletions, is necessary and appropriate, and the least onerous and least restrictive, Disposition for Mr. Zagozdzon at this time.
The panel wishes Mr. Zagozdzon well for his continuing progress in the upcoming year.
DATED this 16th day of March 2026, at the City of Toronto, in the Toronto Region.
Alexander Sosna
Legal Member
_________________________
Office of the Registrar
Ontario Review Board