Ontario Review Board
Re: Justin Sherwood
ORB File No. 7518
Hearing Date: March 3, 2026
Hearing Location: St. Joseph’s Healthcare Hamilton, West 5th Campus
Pursuant to: Section 672.81(1) of the 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: Justin Sherwood
Counsel: Mr. A. Rai
The Person in charge of Hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated March 24, 2026)
Introduction
Mr. Sherwood was found not criminally responsible (NCR) on March 28, 2019, for the Criminal Code offences of aggravated assault and disobey court order.
He is currently subject to a discharge with conditions under a Disposition dated March 26, 2025. The conditions include a requirement that he reside at 181 Jackson St. W. in the city of Hamilton.
A panel of the Ontario Review Board (the panel) convened this annual hearing on March 3, 2026, at St. Joseph’s Healthcare Hamilton, West 5th Campus (St. Joseph’s or the Hospital) to review the current Disposition pursuant to s. 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. Crown Counsel indicated that she would prefer to hear the evidence before taking a position. After the completion of the evidence, Crown Counsel supported the recommendation for a conditional discharge. Counsel for Mr. Sherwood also supported the Hospital’s recommendation.
After considering the evidence, the panel agreed with the parties that a conditional discharge with the same terms as in the existing Disposition was necessary and appropriate.
Index Offences
- The following is a synopsis of the facts related to the index offences. Mr. Sherwood was initially charged with attempt murder, and subsequently found not criminally responsible of aggravated assault.
The victim in this Aggravated Assault is 63-year-old James SHERWOOD. He is the father of 36-year-old accused, Justin SHERWOOD. James SHERWOOD and Jill SHERWOOD, Justin's parents, are no longer together. Justin SHERWOOD and his parents have a volatile relationship which may be attributed to allegations that Justin SHERWOOD is a person living with the Mental Health diagnosis of Paranoid Schizophrenia.
On 13 January 2018 at approximately 3pm, the accused, Justin SHERWOOD, arrived at his father's residence located at 6 Brant Road in the County of Brant. Justin was not invited to the residence and James SHERWOOD had no prior knowledge that Justin would be coming to the residence. While at the James SHERWOOD residence, Justin and James began arguing over financial matters. During the verbal argument, Justin SHERWOOD picked up a chair and threw it at James SHERWOOD. James SHERWOOD received minor injuries from being struck with the chair.
After throwing the chair, Justin SHERWOOD then grabbed a twenty-four-inch long barbecue knife and charged towards James SHERWOOD. James SHERWOOD blocked Justin SHERWOOD as Justin tried to punch the knife into James's chest.
A struggle continued resulting in Justin SHERWOOD slicing James SHERWOOD's head with the knife. James SHERWOOD repeatedly shouted 'stop' and 'you are going to kill me'.
After slicing into James' head, Justin continued the assault on his father. Justin continued to repeatedly stab at James with the knife. James was able to defend himself from Justin.
The ensuing scuffle resulted in both Justin and James being stabbed in their legs.
During the fight, Justin also grabbed a number of household items and threw them at his father. This resulted in the various household items being damaged.
After stabbing and slicing James Sherwood with the knife Justin Sherwood fled the residence leaving his father severely injured. James Sherwood managed to call 911. He was medically treated and received thirty-two stitches to his head and seven stitches to his left leg.
On or about the 31st of January 2017, Justin SHERWOOD committed an assault on his mother Jill SHERWOOD. This matter was dealt with by way of a Peace Bond, dated 2017 October 17, signed by the Honourable Justice K A. SHERWOOD in Norfolk County. This Peace Bond has an expiry date of 2018. One of the terms of the Peace Bond was to have no contact with Jill or James Sherwood without their permission.
Evidence
The evidence at this hearing consisted of the Hospital Report dated February 25, 2026, and the testimony of Dr. Prat, Mr. Sherwood’s treating psychiatrist. The Hospital Report was prepared for this hearing, and provides a detailed review of Mr. Sherwood’s personal and mental health history.
His diagnoses are Schizophrenia and Cannabis Use Disorder in Full Remission.
In his mid-twenties Mr. Sherwood’s behaviour became erratic and aggressive. His mother purchased a small home for him, but he did not manage well living on his own. He spent a considerable amount of time shuffling his residence between shelters, and the homes of his mother, father, and grandmother.
Mr. Sherwood worked part-time at various jobs for short periods of time. His longest period of employment was at Entourage Technology Solutions for approximately two years.
Mr. Sherwood attended one year of college at Sheridan.
Mr. Sherwood is not married and has no dependents.
He has no criminal record, but he has been charged with three Criminal Code offences for which he received mental health diversion.
He was first diagnosed with schizophrenia in 2004. On various occasions he was violent towards his mother, such as, dumping hot coffee on her head, pushing her down to the ground and smacking her head multiple times. He also set fire to his father’s house. In October 2005, he was admitted to Brantford General Hospital.
Mr. Sherwood’s mother indicated, that after his discharges from hospitals, Mr. Sherwood would typically take his medication for a few months then stop. He would also take the dosage of medication he preferred rather than take the prescribed amount.
The Brantford General Hospital’s report of 2005 describes Mr. Sherwood as very angry. He stated that he was a “fallen priest,” and spoke of demons. He appeared to be responding to internal stimuli. On discharge, Mr. Sherwood stated that he would not take his medication.
In 2006, Mr. Sherwood attended the Brantford hospital expressing sadness and the occasional thought of suicide. He advised that he had not been taking his prescribed medication.
Between 2005 and 2013 Mr. Sherwood was admitted to hospital for psychiatric care on approximately 14 occasions. These hospitalizations were usually initiated by Mr. Sherwood attending the hospital feeling anxious or experiencing suicidal thoughts and requesting admission, or his mother obtaining a Form 2 under the Mental Health Act, after seeing her son’s behaviour deteriorate and his symptoms intensify. The hospital records note the psychotic symptoms as persecutory and grandiose delusions, auditory hallucinations, and paranoia. He consistently stopped taking his medication after being discharged from hospital.
Mr. Sherwood was followed at various times in the past by physicians at the outpatient clinic at Brantford General Hospital. He has also been referred over the years to the Brantford Assertive Community Treatment Team, and the mood and anxiety disorders Community Psychiatry Clinic. He was referred to the Community Psychiatry Clinic in 2016 but did not attend. He has also been assisted in the community by workers from CMHA.
Mr. Sherwood has a long history of using marijuana. It does not appear that alcohol use or the use of other substances has been a significant issue.
In the year preceding the index offences, Mr. Sherwood had regularly scheduled meetings with the Brantford Canadian Mental Health Association. According to his case worker, he did not attend any of the meetings.
On January 2, 2018, according to police records, Mr. Sherwood contacted the police and reported that he saw a man with a shotgun and believed this man was in the basement below Mr. Sherwood’s room. Mr. Sherwood was living in a motel that did not have basements. His girlfriend informed the police that Mr. Sherwood had not left the room that particular day, and that the noise Mr. Sherwood heard was in fact the furnace.
Mr. James Sherwood, the victim of the index offence, advised that his son attended at his property every couple of days prior to the index offences requesting money. His son had been sending strange threatening text messages to friends. James Sherwood also advised that his son had punched him in the head approximately 1 month prior to the index offences after he told his son to leave the property. Justin Sherwood was bound by the Peace Bond prohibiting him from having contact with James Sherwood and from attending on his property.
Information was also received from Mr. Joe Carriere, a friend of James Sherwood. He indicated that Justin Sherwood would contact him and engage in very “weird” conversations. It appeared to Mr. Carriere that Justin was becoming increasingly paranoid.
Following the index offences, Mr. Sherwood was admitted to hospital on February 2, 2018, to restore his fitness to stand trial. He presented as disheveled with significant disorganization of thought process. His thoughts were delusional involving corporate manslaughter, conspiracies involving financial institutions, and his father stealing money from him. He did not believe he had schizophrenia or any need for medication. He was described as thought disordered with highly paranoid thinking and unpredictable behaviour.
He was started on Olanzapine and Quetiapine which improved his mental stability. The delusions subsided with the medication but were not eliminated.
In November 2018, Mr. Sherwood began receiving Risperidone, a long-acting injectable antipsychotic. He has been compliant with receiving this injection.
Dr. Prat met with Mr. Sherwood to discuss the index offences. Mr. Sherwood was convinced that he was the victim of a conspiracy, that a “bank manslaughter” had occurred, and that it was linked to his family. He went to his father’s home to clarify the situation and expose his father and uncle’s illegal cannabis business.
Mr. Sherwood made gradual but steady progress. In 2022 he began overnight visits with his mother in Waterford. Although mentally stable, his lack of motivation was a concern to staff and his mother.
On May 31, 2022, he was discharged from the hospital to live with his mother. He lived in a converted workshop on the property, which did not have plumbing or kitchen facilities for cooking. He would attend his mother’s home to eat and bathe.
In August 2022, Mr. Sherwood was briefly readmitted to the hospital after testing positive for cannabis. He admitted that he had been visiting his girlfriend in Toronto, which is outside of the St. Joseph’s catchment area, and was contrary to the terms of the Disposition at that time.
He had obtained employment with Proctor and Gamble, which is located near his mother’s residence. He typically worked 2-3 shifts per week.
In 2023, Mr. Sherwood was granted a conditional discharge with a term that he reside with his mother in Waterford.
Throughout 2024, he reported appropriately to the forensic outpatient program (FOP), and maintained mental stability. He often expressed, however, feeling isolated. He mentioned to his FOP case manager that he was reminiscing about his time in the Armed Forces and reliving his experiences.
Mr. Sherwood’s FOP case manager became concerned with his presentation during a meeting on January 9, 2024. He appeared to be withdrawn and lack any motivation. The case manager contacted his mother, who also expressed similar concerns. She indicated that he isolates himself, does not socialize, spends most of the day in bed, and has not worked in a few weeks.
During a meeting with FOP, Mr. Sherwood expressed that he has low energy and “no reason to get out of bed.” He asked to be readmitted to hospital. Mr. Sherwood was readmitted on January 25, 2024.
The case manager discovered from speaking with Mr. Sherwood’s pharmacist that he had not been adherent to his medication regimen for a year.
Mr. Sherwood was discharged to the community on March 21, 2024. He moved into subsidized housing at 181 Jackson St. W. in Hamilton. At this time, he formally quit his job at Proctor and Gamble.
In September 2024, there was a fluctuation in his condition. His mood appeared lower, and there was an increase in his thought disorganization. It was discovered that Mr. Sherwood had occasionally missed taking his Quetiapine.
Mr. Sherwood is capable to make treatment decisions.
He has continued to reside in a subsidized bachelor apartment at 181 Jackson S. W. in Hamilton. He is seen by his Forensic Outpatient Program case manager once weekly.
The Hospital reports that Mr. Sherwood’s mental status has fluctuated significantly this past year. Issues have arisen with respect to medication adherence, the reemergence of psychotic symptoms, particularly delusional thoughts about his time in the military, and a persistent lack of motivation. His general attitude is described as apathetic and uninterested. It is reported that he has limited insight into his illness and the need for treatment, and expressed that he doesn’t see the importance of regularly adhering to his medication schedule. In December 2025, his long-acting injectable antipsychotic was increased from 75mg to 100 mg.
His lack of motivation is a concern to the treatment team. Despite being urged to become involved in activities and programming, he has remained disengaged from structured programming and employment opportunities. He prefers his current routine which consists of household chores, grocery shopping and playing video games.
His delusional thinking has continued, particularly in regard to his perceived military service. These thoughts can be intrusive and distressing, and he remains guarded when discussing these delusional thoughts with his case manager.
The drug screens have all been negative for alcohol and substances, but he did express a belief that his mental health would not be affected by cannabis use.
Socially, Mr. Sherwood has sporadic telephone contact with a small number of individuals from the Forensic Psychiatry Program, and limited contact with his mother; brief visits every few months. Mr. Sherwood has indicated that he prefers this limited contact with her.
With regard to employment, Mr. Sherwood has declined a referral to the Employability course through the CMHA, and to the Path employment services.
In the early fall, Mr. Sherwood began psychotherapy sessions and Cognitive Behavioural Therapy. He withdrew from both programs after a short length of time.
Testimony Dr. Prat
Dr. Prat is Mr. Sherwood’s treating psychiatrist, and he testified at this hearing.
Dr. Prat stated that overall Mr. Sherwood is doing well. Mr. Sherwood has limited insight but is content with his lifestyle. Dr. Prat testified that a conditional discharge is appropriate to manage Mr. Sherwood’s risk to public safety with the level of support that is provided.
Regarding medication adherence, Dr. Prat indicated that Mr. Sherwood continues to take his Seroquel inconsistently, and that this is an ongoing problem. Mr. Sherwood does attend the FOP clinic for his scheduled injection of Paliperidone every twenty-eight days, and the team would be immediately aware if he missed an injection.
Dr. Prat responded to questions from Crown Counsel by stating that he does not believe Mr. Sherwood’s risk to public safety has increased this past year, and he does believe that a conditional discharge remains the appropriate Disposition to manage his risk.
Counsel for Mr. Sherwood emphasized through his questions of Dr. Prat that Mr. Sherwood is capable to make treatment decisions, he has not missed an appointment for his injectable medication, his drug screens have all returned negative, and Mr. Sherwood has not been aggressive or violent.
Dr. Prat responded to a question from the panel by indicating that Mr. Sherwood is unable to access coping strategies in stressful situations.
Submissions
The Hospital submitted that a conditional discharge remains appropriate as it reflects a lack of progress without any regression of his symptoms or behaviour. Crown Counsel adopted the comments of the Hospital.
Counsel for Mr. Sherwood continued to support a conditional discharge. He referred to the absence of violent behaviour, compliance with his antipsychotic injection, and the fact that Mr. Sherwood has lived for the past year independently without any difficulty.
Analysis
After considering the evidence, the panel also agrees that Mr. Sherwood remains a significant threat to public safety and that a conditional discharge is necessary and appropriate to manage this risk.
With the community support he receives, Mr. Sherwood has lived independently without incident. There have been no episodes of violence, and he has properly attended the outpatient clinic every twenty-eight days for his antipsychotic medication. He has also abstained from the use of substances.
However, his mental stability has fluctuated. He continues to experience delusions of varying intensity. At times, Mr. Sherwood finds these delusions very disturbing.
It is the evidence that Mr. Sherwood has limited insight into his condition and the benefits of medication, and that his compliance with medication is simply a result of being compelled to take his medication by the Disposition. Without this external control, Mr. Sherwood would discontinue his treatment and his mental condition would deteriorate.
His lack of motivation is concerning. The isolated existence and disinterest in participating in structured therapeutic programming or activities hampers his ability to progress. He has very little social interaction with other people, including his mother, which likely prevents Mr. Sherwood from developing any interests which would promote a healthier more energetic lifestyle.
In the current circumstances, Mr. Sherwood would decompensate without the support he receives from the Hospital and the Forensic Outpatient Program, and would most likely experience more intense delusions. His response to these delusions would be violent behaviour similar to the behaviour exhibited at the time of the index offences. Mr. Sherwood remains a significant threat to the safety of the public, and his risk can be properly managed with a continuation of the conditional discharge with the same terms that are included in last year’s Disposition.
Dated this 24th day of March 2026, at the City of Toronto, in the Toronto Region.
Kevin McKenna
Legal Member
Office of the Registrar
Ontario Review Board