Ontario Review Board
Re: Shafaq Joya
ORB File No: 7323
Hearing held on: Tuesday, March 24, 2026
Place of hearing: St. Joseph's Healthcare Hamilton West 5th Campus, 100 West 5th Street
Pursuant to: Section 672.81(1) of the Criminal Code
Before:
Alternate Chairperson: Ms. J. Mills Members: Dr. J. Watts Dr. G. Stones Ms. M.L. Bridger Mr. A. Bouvier
Parties Appearing:
Accused: Shafaq Joya Counsel: Ms. A. Szigeti
The person in charge of hospital: Counsel: Mr. S. O’Brien
Attorney General of Ontario: Counsel: Ms. J. McKenzie
REASONS FOR DISPOSITION
(Dated April 29, 2026)
Introduction
On March 23, 2018, Shafaq Joya was found not criminally responsible (“NCR”) on account of mental disorder on a charge of second-degree murder, contrary to the Criminal Code of Canada (the “Criminal Code”). Mr. Joya is currently subject to a disposition of the Ontario Review Board (the “Board”), dated November 20, 2024, discharging him with conditions.
On March 24, 2026, a panel of the Board convened to review Mr. Joya’s disposition pursuant to s.672.81(1) of the Criminal Code. Mr. Joya was present for his hearing and was represented by counsel throughout the proceeds. Family members of the victim were also present for Mr. Joya’s hearing.
The issue to be determined is whether Mr. Joya represents a significant threat to the safety of the public and, if so, the necessary and appropriate disposition having regard to the criteria set out in s.672.54 of the Criminal Code.
At the commencement of the hearing, counsel for the hospital submitted that Mr. Joya continues to represent a significant threat to the safety of the public and that there should be no change to his current disposition, except that he should be required to report not less than once each month. Counsel for the Attorney General joined the hospital’s submission. Counsel for Mr. Joya submitted that Mr. Joya no longer represents a significant threat to the safety of the public and must be discharged absolutely.
For the reasons outlined below, the majority of the panel finds that Mr. Joya continues to represent a significant threat to safety of the public and there should be no change to his current disposition, except that he shall be required to report not less than once each month.
Evidence at the Hearing
- Documentary evidence in the form of a Hospital Report, dated February 10, 2026, an employment letter for Mr. Joya, dated, February 25, 2026, and two victim impact statement (from H.B., March 12, 2023 and A.U. dated, February 13, 2020, marked as Exhibits 1 through 3, respectively. The Board also heard viva voce testimony from Dr. Nagari.
Index Offence
- The circumstances of the index offence are summarized as follows:
“Shafaq Joya is 31-year-old male charged with second-degree murder in the death of his roommate, Al Akram Milon. Police were called to the scene on February 28, 2016, after the deceased was discovered by Shafaq’s girlfriend,
The deceased was stabbed approximately 320 times. The stab wounds were deep, and internal organs were visibly pulled out of the cavity in the deceased's torso. The deceased’s jaw with teeth attached was some distance from the body. The deceased was undressed with penis partially exposed.”
Background/History
Mr. Joya’s history and background are set out in the Hospital report and need not be repeated here in detail. In brief, Mr. Joya is 40 years old. He was born in Kabul, Afghanistan and has 7 siblings. Due to the political climate, when Mr. Joya was 8 months old, the family fled to Pakistan where they remained for 10 years. Ultimately, the family immigrated to Canada in 1997, initially to Montréal and eventually moving to Toronto. In 1998 Mr. Joya’s parents divorced. Thereafter, Mr. Joya resided with his mother. Mr. Joya is single with no dependants.
Mr. Joya experienced depressive symptoms throughout high school. Despite this he was successful in graduating. Thereafter, he attended at York University and self-reports completing the coursework for a Bachelor of Social Work degree except for his field placement. According to his mother's report, he was expelled after being caught engaging in plagiarism. In 2012, Mr. Joya returned to school at Centennial College and graduated from a one-year paralegal program. He did not pursue a placement in this field or the licensing component of the paralegal track.
Mr. Joya has worked in several jobs including, inter alia, sales, security, maintenance work, and banking. It appears he was unable to maintain long-term employment. Mr. Joya was assisted by Ontario Works in 2011 and 2015.
According to his self-report, Mr. Joya began smoking marijuana at age 17 and progressed to daily use. He denied other drug use as well as alcohol use. Prior to the index offence, Mr. Joya had no criminal record.
Mr. Joya’s first contact with psychiatric services was in 2012, when he was admitted to hospital for 7 days because of paranoia and bizarre behaviour. After discharge, Mr. Joya fell away from treatment despite the urging of his family. In 2015, Mr. Joya attended for a psychiatric assessment as part of the Ontario Disability Support Program (ODSP). The assessing psychiatrist advised Mr. Joya to find a therapist and opined that a personality disorder was likely the primary diagnosis for Mr. Joya.
Mr. Joya is diagnosed as suffering from schizophrenia and cannabis use disorder (in controlled remission).
Analysis
Reasons of the Majority
(Dr. J. Watts, Dr. G. Stones. Ms. M.L. Bridger, Mr. A. Bouvier)
The majority of the panel finds that Mr. Joya continues to represent a significant threat to the safety of the public. Mr. Joya suffers from a major mental illness that is prone to fluctuate despite medication compliance, and his ability to recognize breakthrough symptoms remains a concern. Mr. Joya has had a good year; however, Mr. Joya is undergoing life changes that are likely to cause him stress. Specifically, Mr. Joya has recently taken new employment and while he appears to be managing this well, his employment has meant that his Canadian Mental Health Worker an important external support outside of the forensic service, is no longer available to him. There is also anticipated to be some impact on his Ontario Disability Support monies.
While Mr. Joya does not wish to become unwell and is extremely remorseful for his actions, it remains doubtful that he would be able to recognize subtle signs of decompensation. Early detection of the signs of decompensation is essential to managing Mr. Joya’s risk. Given the breakthrough symptoms that he experienced in 2023 (even in the context of medication adherence, no substance use, no overt stress and forensic oversight), active monitoring by the forensic service remains a necessity. In addition, while Mr. Joya has secured recent employment in Hamilton, he has no ties to that community and has expressed a desire to move to Toronto, where his family reside. While Mr. Joya has been accepted for follow up by the Schizophrenia Outpatient Program (SOC), Hamilton, should he be absolutely discharged SOC would not be able to follow him if he decides to move to Toronto. In that event, Mr. Joya would be without professional services. In addition, Mr. Joya has expressed a desire to look for employment in the security industry. The majority accepts the evidence of Dr. Nagari that this would likely put Mr. Joya in a position where he would be in constant conflict with people and this would increase his stress which will increase his risk to the safety of the public.
Furthermore, Mr. Joya engages in impression management and there is a concern that Mr. Joya’s actions are sometimes designed to create a positive impression, particularly for purposes of his Board hearings. In this regard, concerns remain that Mr. Joya’s commitment to recovery is a function of the expectations imposed upon him by his disposition.
Overlaying these concerns is Mr. Joya’s personality construct. Mr. Joya has narcissistic personality traits that make him overconfident in his ability to understand and manage the symptoms of his illness. While the sincerity of Mr. Joya’s desire to remain well is not doubted, the evidence suggests that he does not believe he would put himself in the position where he would become unwell again. In this regard, Mr. Joya likely underestimates how difficult it will be for him to move forward and remain well without adequate supports. Mr. Joya also has a history of antisocial personality disorder. These characterological traits impact Mr. Joya’s willingness to be more open with the treatment team (a theme that was evident at last year’s hearing) and contribute to his losing insight in the face of decompensation, all of which increases the risk to the safety of the public.
While Mr. Joya had experienced mental health issues prior to the index offence (particularly in 2012, when he appeared at his mother’s house and grabbed a knife while exhibiting symptoms of psychosis), the index offence appeared to have occurred without obvious warning. The brutal nature of the offence cannot be underestimated. To Mr. Joya’s credit, he now has some structure in his life which will act as a protective factor going forward. Notwithstanding, for the reasons outlined above, the majority finds that Mr. Joya continues to represent a significant threat to the safety of the public. We note the hospital’s opinion that Mr. Joya may be one of the few forensic patients that, “require a hovering supervisory arrangement which community non-forensic teams are not equipped to fulfill.” While the majority takes no position on this going forward, the majority finds that Mr. Joya requires further time to consolidate the gains he has made and to develop additional insight into his ability to manage his major mental illness.
The majority accepts the recommendation of the hospital, concurred in by the Attorney General, that Mr. Joya’s reporting requirement should be changed to reporting not less than once each month. This will provide Mr. Joya with additional liberty while ensuring the oversight necessary to ensure the safety of the public.
Reasons of the Minority
(Ms. J. Mills)
I am uncertain that Mr. Joya remains a significant threat to the safety of the public.
Mr. Joya has been living in the community since 2021 and with the exception of his admission to the hospital in 2023 for breakthrough symptoms he has remained successfully in the community. Mr. Joya is medication compliant and has stated that he will continue to take his medication, which he says he understands will be necessary for the duration of his life. Notably, Mr. Joya takes a long-acting injectable medication which adds layer of protection going forward. Mr. Joya has had no positive urine drug screens since 2020 (when he was admitted to the hospital for dysregulation, thought to be a psychotic episode) and there has been no indication that he is substance seeking. Mr. Joya meets with his case manager every fortnight and has not required increased supervision during the year in review. Mr. Joya has maintained employment since October 2025 and is now connected to a civil mental health team.
A significant concern had been a lack of structure to Mr. Joya’s days. In October 2025, Mr. Joya obtained employment as a building maintenance person. He is also working at a second building on the weekends. So far Mr. Joya has managed the stress of his employment well. Mr. Joya has been accepted by the SOC, and they have requested that the forensic service provide three months of overlap with their service in the event of an absolute discharge. This will ensure that the SOC has the ability to familiarize themself with Mr. Joya before the handover is complete. This request represents the SOC’s recognition of the seriousness of the index offence and the importance of understanding Mr. Joya’s particular mental health needs. Notably the SOC is a full compliment service where Mr. Joya will have access to a psychiatrist, case manager, social worker and occupational therapist and Mr. Joya has indicated his willingness to engage with SOC.
Mr. Joya’s risk of violence is tied to his major mental illness. However, Mr. Joya has characterological traits that make him susceptible to being overconfident that he can identify breakthrough symptoms and seek help. A continuing concern remains regarding Mr. Joya’s personality structure and its potential impact on his ability to remain connected to a civil mental health team when there is no longer a legal imperative for him to do so and his propensity for positive impression management.
While I do not underestimate these concerns, I am uncertain whether his actions and professed intention to remain connected to psychiatric services and abstinent from substances, are more likely than not an attempt at impression management. I have a doubt that Mr. Joya will fall away from services given the evidence that he is sincere in his remorsefulness and desire to remain well. In this regard, I rely on his medication adherence and lack of substance use, his effort to develop structure in his life and willingness to engage with SOC. For these reasons, I must find that Mr. Joya no longer represents a significant threat to the safety of the public.
Conclusion
In making a disposition, the Board must take into consideration s. 672.54 of the Criminal Code, including the safety of the public which is the paramount consideration and the mental condition of the accused, the reintegration of the accused into society and the other needs of the accused.
For the above reasons, the majority of the Board finds that Mr. Joya continues to represent a significant threat to the safety of the public and there should be no change to his current disposition, except as outlined in the formal disposition.
DATED this 29th day of April 2026, at the City of Toronto, in the Region of Toronto.
Ms. J. Mills Alternate Chairperson
Office of the Registrar Ontario Review Board