Ontario Review Board
Re: Michael Hewak
ORB File No. 7153
Hearing Date: March 2, 2026
Hearing Location: St. Joseph’s Healthcare Hamilton, West 5^th^ Campus
Pursuant to: Section 672.81(1) Criminal Code of Canada;
Before:
Alternate Chairperson: Mr. R. Bigelow
Members: Dr. K. Hand
Dr. T. Stirpe
Ms. M. McKinnon
Mr. K. McKenna
Parties Appearing:
Accused: Michael Hewak
Counsel: Mr. C. Cornale
The Person in charge of Hospital: Counsel: Ms. L. Barney
Attorney General of Ontario: Counsel: Ms. A. Lepchuk
REASONS FOR DISPOSITION
(Dated March 24, 2026)
Introduction
Mr. Hewak was found not criminally responsible (NCR) on May 25, 2017, for the Criminal Code charges of robbery, aggravated assault and assault cause bodily harm.
He is currently subject to a discharge with conditions under a Disposition dated March 26, 2025. The conditions include that Mr. Hewak is to reside at 202-400 East 42^nd^ Street in the city of Hamilton, and that he is prohibited from contacting Mr. T. Doyan.
A panel of the Ontario Review Board (the panel) convened this annual hearing on March 2, 2026, at St. Joseph’s Healthcare Hamilton, West 5^th^ Campus (St. Joseph’s or the Hospital) to review the current Disposition pursuant to section 672.81(1) of the Criminal Code of Canada.
At the commencement of the hearing the Hospital recommended a continuation of the conditional discharge with the same conditions except for the removal of the prohibition against alcohol consumption. Counsel for the Attorney-General and counsel for Mr. Hewak supported the Hospital’s recommendation.
After considering the evidence, the panel concluded that a continuation of a discharge with conditions was appropriate. There is no need, however, for the prohibition against alcohol consumption to be included in this year’s Disposition.
Index Offences
The following are the facts related to the index offences.
Aggravated Assault
“On Wednesday, March 22, 2017, at approx. 0023hrs Police were dispatched to 106 Clifton Downs Road in the City of Hamilton for a stabbing just occurred. Prior to arrival, Police were advised that a neighbour had been stabbed by a male. Police learned that a son had stabbed his mother, and he had left the area and he was only wearing boxer shorts. Furthermore, as this incident unfolded several additional calls for service were created outlining a male in boxer shorts was in the street near Mohawk Road West and Garth Street and he was attempting to gain entry to a motor vehicle on the roadway.
Upon arrival at 106 Clifton Downs Road Police were waved down by witness, [RB] and he advised that a female victim had attended his residence with stab wound injuries. Police attended 102 Clifton Downs Road and observed a female, Jose HEWAK with multiple stab wounds to her abdomen, arms and side. Josie was transported to Hamilton General Hospital. Shortly after, Josie stated to Police that he son, Michael HEWAK JR. had not been taking his medication for the past two days and he had been acting strangely. Josie advised that at around midnight Michael began to take off his clothes in the front hallway of their residence and when she questioned him about his behaviour, she was attacked by Michael with a knife resulting in approx. 12-15 stab wounds. The stab wounds suffered by Josie required her to undergo surgery to remove her spleen.”
Assault Causing Bodily Harm and Robbery
“Shortly after the incident at 106 Clifton Downs Road, HEWAK JR. fled the residence on foot and travelled to Juanita Drive. The second victim, [TD] was exiting his residence at 114 Juanita Drive when he observed a male in boxer shorts in the middle of the roadway. [TD] advised that he asked if the male (HEWAK JR.) was O.K. and without warning, HEWAK JR. ran at [TD], knocked him over and punched him and stabbed him. [TD] stated that he was able to push the male off and fled back into his residence. During the assault, HEWAK JR. successfully stole [TD]’s wallet but no weapon was found.
Lastly, HEWAK JR. travelled on foot to the area of Garth Street and Mohawk Road West and attempted to flag down vehicles on the road for assistance. [YS] was travelling westbound on Mohawk Road West in his 2002 Blue Toyota Corolla bearing Ontario marker [license plate number] when he observed a male in boxer shorts in the roadway soliciting a ride from another vehicle. [YS] asked HEWAK JR. if he was O.K., and he explained that his father was trying to hurt him and to drive him to the police station. [YS] allowed HEWAK JR. into his vehicle and began transporting him to mountain police station.”
Hospital Report dated February 3, 2026.
The Hospital Report dated February 3, 2026, was prepared for this hearing and contains a detailed review of Mr. Hewak’s personal and mental health history.
Mr. Hewak does not have a criminal record. In November 2016, he was charged with assault with a weapon and mischief under $5,000.00, and entered into a mental health diversion program.
He is diagnosed with schizophrenia.
Mr. Hewak was born in Hamilton and has 2 sisters. His father suffered from depression, and after health complications, began abusing alcohol. He unfortunately died in May 2025.
Mr. Hewak was diagnosed with a learning disability in High School and ultimately quit school during his 5^th^ year. He began using marijuana at the age of 14 and for one year used cocaine.
Mr. Hewak’s first admission to a hospital for psychiatric care occurred in 2014. He endorsed delusional beliefs that included a belief that there was a camera in his head connected to his twitter account, and that celebrities were sending messages directed to him or about him.
He was further admitted in 2015, presenting as psychotic and again expressing bizarre beliefs. Mr. Hewak acknowledged at that time that he had reduced the dose of his medication without the approval of his physician. He was diagnosed with Schizophrenia.
In March 2016, Mr. Hewak was brought to the hospital by the police. He had engaged in an altercation with his mother and was threatening to kill his family. He was discharged to the Cleghorn Clinic at St. Joseph’s Healthcare.
In July 2016, Mr. Hewak was brought to the hospital by the police after his family physician issued a Form 1. He had been physically aggressive towards his father, and while in the hospital, threw a computer monitor at a nurse. He was charged with assault with a weapon and mischief.
Following the finding of NCR, Mr. Hewak was detained at St. Joseph’s until March 1, 2022, at which time he was discharged to live in the community.
In December 2024, Mr. Hewak transferred from 24/7 supportive housing to living in an independent apartment operated by the Good Shepherd program. This Good Shepherd housing provides staff that attend to on-site support for Mr. Hewak.
He currently receives his antipsychotic medication by injection every 9 weeks.
Mr. Hewak did not require readmission to the hospital this past year. He is followed by the Forensic Outpatient Program (FOP) and has properly attended all scheduled appointments. He is seen by his case manager weekly. The Hospital Report indicates that Mr. Hewak maintains a very clean apartment, and that he has no difficulty with the usual activities of daily living, such as cooking and hygiene.
Mr. Hewak has been compliant with his medication, and this includes him personally attending to the administration of his oral medication in addition to his injection.
Regarding his mental status, Mr. Hewak’s mood fluctuates between good and self-reported periods of melancholy. He has also reported feeling angry periodically when he will pace and yell at his “past self.” He also reports auditory hallucinations at his baseline which are not distressing to him, and he simply describes the hallucinations as voices in the background.
Mr. Hewak reports consistent visual hallucinations in the form of shadows and strips on the wall. When they are more prominent Mr. Hewak describes seeing objects such as floating eggs, or a hand on the back of a door or a person sitting in a car wearing a scary mask. He does not respond to these hallucinations.
Mr. Hewak reports his sleep quality as fair. He is generally fearful at night and finds the use of a nightlight helpful. He is observed to be usually calm but anxious, and his eye contact is often avoidant or downcast. His thought process is organized but can become ruminative and repetitive. Mr. Hewak can perseverate about social situations that he finds uncomfortable or awkward, but does not express any paranoia. The Hospital reports his insight and judgment as fair.
In addition to the FOP team, he is also seen by the Good Shepherd Team 5 twice weekly. The Team 5 assists him with errands and group community recreational activities. Mr. Hewak also visits his family on weekends.
Mr. Hewak continues to report ongoing anxiety, particularly in the context of social situations and leaving his apartment. He resumed seeing Dr. Sheridan, a psychologist with FOP, midway through the reporting year which Mr. Hewak describes as helpful.
On June 12, Mr. Hewak reported feeling too anxious to attend his FOP appointment. He met with members of the FOP team and Dr. Kolawole. Mr. Hewak reported that his mother had informed him that she met a former friend of Mr. Hewak’s who said to say hi. This caused Mr. Hewak to become anxious and ruminate about how this friend had not treated him respectfully in the past. He then began to perseverate about the person he was in the past, and how his relationships were now strained. Mr. Hewak advised that these memories were very distressing for him.
Mr. Hewak’s urine drug screening samples have all been negative for substance use this past year. The Hospital Report indicates that he has good insight into the negative effect substance use, particularly cannabis, has on his mental health. He has expressed no desire to use cannabis, but did indicate that he would enjoy a glass of wine at family dinners. The Hospital does not object to removing the clause from last year’s Disposition which prohibits Mr. Hewak from consuming alcohol.
Sadly, Mr. Hewak’s father passed away this year. Mr. Hewak was able to cope with the death of his father, and although he expressed anxiety over seeing extended family and friends at the funeral visitation, he did very well and took lorazepam to ease the anxiety.
Mr. Hewak is not engaged in any vocational or educational pursuits. He has expressed some interest in part-time employment, but does not believe he is capable for employment at this time because of the ongoing psychotic symptoms he experiences.
Testimony of Dr. Kolawole
Dr. Kolawole has been treating Mr. Hewak and testified at this hearing. He highlighted the pertinent information in the Hospital Report, and described the past year as being a good year for Mr. Hewak with some challenges.
Dr. Kolawole testified that he believes Mr. Hewak remains a significant threat to the safety of the public, and that the risk is properly managed with a conditional discharge. He referred to Mr. Hewak continuing to experience symptoms of his schizophrenia, such as the auditory and visual hallucinations. These symptoms, however, have lessened with the medication. Dr. Kolawole also referred to the anxiety Mr. Hewak experiences, which Mr. Hewak was able to manage well during the time of his father’s funeral with the support provided by the FOP team members and the Good Shepherd staff.
Dr. Kolawole advised that he is not opposed to removing the clause prohibiting the consumption of alcohol since the drug screens have all been negative this past year.
Dr. Kolawole confirmed that there were no episodes of violence or aggression.
He believes that a conditional discharge provides the necessary support and framework within which Mr. Hewak can progress with improving his mental stability and reduce his risk to public safety.
In response to a question from Crown Counsel, Dr. Kolawole stated that he would like to see Mr. Hewak pursue some form of employment. He also advised that the current housing is considered permanent, and that he does not anticipate any difficulty with Mr. Hewak maintaining this residence for the future.
He confirmed to counsel for Mr. Hewak that Mr. Hewak works around the family home by helping with chores when he visits on weekends.
In response to a question from the panel, Dr. Kolawole stated that Mr. Hewak would be at a significant risk of experiencing a relapse with behaviour similar to the index offence if he did not have the support of the health care professionals that currently exist and the Disposition.
Submissions
- The parties continued to recommend a continuation of the conditional discharge at the conclusion of the evidence. They also agreed that an alcohol prohibition was unnecessary. The parties commended Mr. Hewak for a very positive year and acknowledged the support he has from his family as well as the healthcare teams.
Analysis
After considering the evidence, the panel accepts that Mr. Hewak remains a significant threat to the safety of the public, and that this risk can be appropriately managed with a conditional discharge.
He has been mentally stable this past year, but continues to experience auditory and visual hallucinations. He also experiences significant anxiety which periodically affects his functioning and behaviour. Mr. Hewak has expressed increasing anxiety as the day of his antipsychotic injection approaches. He has also expressed anxiety over leaving his home, and a general fear at nighttime.
The evidence amply establishes that Mr. Hewak continues to require the support he currently receives. On June 12^th^, he felt too anxious to attend a scheduled meeting with FOP. This followed his mother reporting a meeting with a former friend. Mr. Hewak was observed to perseverate over his past relationships and to be in distress with these memories.
The panel accepts that Mr. Hewak requires ongoing psychiatric monitoring and antipsychotic medication by injection to manage his risk to public safety. The panel also accepts the need for ongoing monitoring by the Teams for a return of paranoia and delusions as well as any functional decline.
It is necessary for the drug screening to continue to monitor for a relapse into drug use, which would certainly have a detrimental effect on his mental health. The support systems available to Mr. Hewak under the conditional discharge will also be able to promote exploring employment and monitor for any fluctuation in his symptoms.
With the presence of symptoms and significant anxiety, without the structure of the forensic team and the Good Shepherd program currently providing supervision and monitoring, there is a substantial risk that Mr. Hewak would disengage from treatment, become non-adherent to his medication, and return to the use of cannabis. In this case, his mental stability would decline, and his behaviour could very likely become violent to the degree seen in the index offences.
The panel does conclude that Mr. Hewak remains a significant threat to the safety of the public, but would congratulate him on all his efforts this past year and the progress he has made.
In coming to this conclusion, the panel has applied the principles provided in s. 672.5401 of the Criminal Code.
Dated this 24^th^ day of March 2026, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
Office of the Registrar
Ontario Review Board