Re: Nicholas Magel
ORB File No: 8179
Hearing held on: Tuesday, April 7, 2026
Place of hearing: Thunder Bay Regional Health Sciences Centre
Pursuant to: Section 672.81(1) of the Criminal Code
Before: Alternate Chairperson: Mr. M. Segal Members: Dr. H. Bloom Dr. P. Wright Mr. J. Goldenberg Ms. R. Chopra
Parties Appearing: Accused: Nicholas Magel Counsel: Mr. U. Agostino Person in charge of Hospital: Representative: Mr. J. Cooper Attorney General of Ontario: Counsel: Ms. R. Derouard
REASONS FOR DISPOSITION
(Dated May 11, 2026)
Introduction:
Nicholas Magel, age 25, was on November 9, 2022, found not criminally responsible on account of mental disorder on a charge of aggravated assault contrary to the Criminal Code.
Mr. Magel, who was the subject of a Detention Order with privileges up to and including live in the community in accommodation approved by the person in charge, appeared before the Ontario Review Board (“the Board”) for his annual hearing from the Thunder Bay Regional Health Sciences Centre (“the Hospital”) on April 7, 2026.
The Board had before it the hospital report dated March 19, 2026, as Exhibit 1, and the criminal record as Exhibit 2.
Position of the Parties:
In preliminary positions, the Hospital advanced that the current disposition was appropriate, a position supported by Crown counsel. Mr. U. Agostino, for the patient, urged the Board to consider a Conditional Discharge.
After hearing the evidence and the submissions, the Board concluded that while significant threat to safety of the public continues to be present, the least onerous and least restrictive disposition that properly protected the safety of the public and the needs of the patient was a Conditional Discharge on specified conditions.
Psychiatric History:
- Mr. Magel’s diagnosis is:
- Schizophrenia
Index Offence:
- The index offence is described in last year’s reasons as follows:
“On February 11, 2022, Mr. Magel approached the victim’s hotel room in Red Lake and assaulted him. It was reported that both individuals were unknown to each other, and there was no precipitant for the attack. Mr. Magel tackled then punched the victim before stabbing him in the neck. The victim reported that Mr. Magel said: ‘I’m sorry’ during the attack and it seemed as though Mr. Magel ‘...wasn’t all there.’ A witness stated that after the attack, Mr. Magel walked away as if nothing happened. Mr. Magel was compliant with police commands at arrest. Mr. Magel stated that the victim seemed ‘creepy,’ which scared him, which resulted in Mr. Magel stabbing the victim.”
Background Information Regarding the Accused:
- Mr. Magel’s background is fully set out in the hospital report.
Evidence at Hearing
Dr. R. Sheppard, the patient’s psychiatrist, testified. The doctor indicated that Mr. Magel is doing well. He has been with hospital programs for seven years, having transferred from Ontario Shores in 2021.
Very soon after arriving in Thunder Bay, Mr. Magel was placed in the community. He was first placed in transitional housing at Andras Court. He then moved into the Salvation Army’s Journey to Life House which is supervised 24-7. He receives a lot of support there. He is currently stable. He responds well to treatment. Mr. Magel has been on Clozapine for several years. It is dispensed by a Salvation Army (S.A.) house nurse.
There has been no reappearance of psychotic symptoms. There are, however, negative symptoms present associated with motivation and a tendency to be withdrawn and socially disengaged. Outside of structured and supervised activities. There is questionable judgment in social settings.
Weight is also a challenge. The hospital has been endorsing a healthy lifestyle. Recently, Mr. Magel acquired a family physician in the community.
There are continued efforts to interest Mr. Magel in structured activities. Mr. Magel has a case manager at his S.A. residence who takes him on outings. Mr. Magel attends the CMHA Club from time to time. There is good engagement with the outpatient forensic staff.
Mr. Magel’s family is in Red Lake. There is good family support. Mr. Magel visited Red Lake for two weeks at Christmas time and the visit went well. He travels there and back a few times a year. A summer visit will likely occur.
There has been no substance use. Cannabis use was prevalent at the time of the index offence. There is good insight regarding substance avoidance.
Dr. Sheppard’s primary concern regarding a Conditional Discharge relates to housing. It is very likely that Mr. Magel will move in the next few months to a house operated by St. Joseph’s Health Care. Mr. Magel has been accepted. St. Joseph’s offers more services, including rehabilitative services. Mr. Magel likes the thought of St. Joseph’s.
Mr. Magel has been recently assessed for activities of daily living. Mr. Magel lacks a lot of skills in that regard. According to Dr. Sheppard, he is not ready for independent living. St. Joseph’s can help prepare him for that eventual step. Mr. Magel has never lived on his own.
Dr. Sheppard was of the view that naming the current residence would not permit a move to St. Joseph’s without another hearing. A residence description is required because of the real risk that Mr. Magel might decide to move out with some acquaintances and leave his supportive housing. In Dr. Sheppard’s view, a Detention Order offers a valid and satisfactory framework to deal with the imminent residential change. The Hospital needs to approve accommodation.
Mr. Magel benefits from the assistance he receives such as having meals provided, medication dispensary, and the continued engagement of the forensic staff to encourage him to participate in general and recreational activities. Importantly, a supervised residence performs the inpatient task of monitoring mental health up close. If deterioration or decompensation begins to happen, the Hospital can move quickly to admit the patient.
There is evidence of deficits in activities of daily living such as grocery shopping,
An occupational therapy assessment, exhibit 3, was filed at the hearing and received. It underscores the high level of current support necessary to achieve the milestone of independent living. Mr. Magel lacks insight into deficits in his abilities to manage activities of daily living (ADL).
St. Joseph’s approach is a more therapeutic one than is presently available at his residence.
The Board raised whether it would be appropriate to name both residences in a Conditional Order.
Mr. Agostino elicited that Mr. Magel has insight into the need to take medications. Like many patients, he does not have a sophisticated understanding of his mental health condition. Mr. Magel says he will not stop his medications. Dr. Sheppard indicated that the Mental Health Act was sufficient to bring Mr. Magel back to hospital if there was a sign of decompensation but that scenario was unlikely in view of the patient’s condition. Dr. Sheppard noted that the Mental Health Act is a more reactive instrument compared to the proactive powers in a Detention Order.
Mr. Magel’s shortcomings in ADL do not appear to be related to developmental issues. They appear to be the product of the negative symptoms (lack of motivation and apathy) secondary to his illness.
If a Conditional Discharge could provide an “either/or” residence, that would alleviate the doctor’s concerns about housing.
A PCL-R could not be done because of a lack of background information. Contacting Mr. Magel’s mother would address that, although Dr. Sheppard was confident that there is no psychopathy.
Mr. Magel’s relationship with his psychiatrist is good. While there are challenges with engagement, Mr. Magel is open with forensic staff and workers. The Obsessive Compulsive Disorder that had been more prominent earlier seems to have gotten better over time. It is not a significant issue at present.
Mr. Magel’s insight has remained the same since the time he came into hospital.
Mr. Magel was referred to a specialist regarding his weight. Dr. Sheppard’s preference is for a family physician to deal with whether medication addressing weight should be prescribed, although if there were extreme circumstances, he would be prepared to undertake it himself.
Final Submissions
- In final submissions, Mr. Agostino indicated that his client would support a disposition with two alternative addresses. His client also agrees to a consent to treatment clause. Mr. Agostino reviewed the positives. There was no recent evidence of aggression or violence, Mr. Magel was stable, fully compliant, has good family support, and has complied with all aspects of his disposition. He has a good rapport with the forensic team. The Hospital was canvassed for its views if a Conditional Discharge issued. The Hospital suggested that reporting should be not less than once per week. There should be clauses regarding abstinence, testing, a weapons prohibition, and a no contact provision.
Analysis:
A central issue at Mr. Magel’s hearing is whether a Conditional Discharge is appropriate. Mr. Magel has been fully cooperative and compliant. What current deficiencies there are in activities of daily living are the product of the negative symptoms of his illness. There have been no hint of aggression or violence or substances. Mr. Magel is cooperative. Concerns about questionable judgment may be mitigated by the therapeutic environment at Amethyst House, St. Joseph’s Health Care. The positive factors reviewed by Mr. Agostino resonate with the Board. If the housing issue could be addressed, the least onerous and least restrictive disposition in this matter would be a Conditional Discharge.
The primary and predominant reason for the Hospital advancing a Detention Order at the hearing related to its desire to approve housing and the imminent change that may happen in the next few months that would result in a transfer. In the Board’s view, naming both addresses would satisfy that particular concern. Certainly, Mr. Magel’s conduct over the last reporting year supports a Conditional Discharge. Mr. Magel consents to a provision that would name both addresses, and therefore, the Board is prepared to impose a Conditional Discharge naming both the Salvation Army Journey to Life and Amethyst House, St. Joseph’s Health Care. We wish Mr. Magel well in the upcoming year
DATED this 11th day of May 2026, at the City of Toronto, in the Toronto Region.
Murray D. Segal Alternate Chairperson
Office of the Registrar Ontario Review Board