A 25-year-old Hamilton man found not criminally responsible for fatally stabbing his teenage cousin at a family barbecue has been ordered to remain indefinitely at a psychiatric hospital.
The Ontario Review Board issued its ruling last week, directing Laureano Bistoyong to continue custody at the West 5th Campus Forensic Psychiatry Program of St. Joseph’s Healthcare Hamilton. Detailed reasons for the decision will become public in the coming weeks.
The Fatal Incident
On Canada Day 2023, Bistoyong stabbed his 16-year-old cousin, Mark Bistoyong, in the chest with a chef’s knife during a family barbecue near a Hamilton Mountain home. Mark was sitting and eating at the time, surrounded by relatives.
The stabbing followed a heated basketball game nearby. During Bistoyong’s 2024 trial, Superior Court Justice Andrew Goodman initially found him guilty of second-degree murder. However, a subsequent mental health evaluation led to a not criminally responsible (NCR) ruling in November.
Mental Health Diagnosis
Forensic psychiatrists, including Dr. Gary Andrew Chaimowitz, who assessed Bistoyong over 60 days at St. Joseph’s, diagnosed him with schizophrenia. Chaimowitz testified that Bistoyong could not distinguish right from wrong and believed his cousin was a demon at the time of the attack.
Symptoms developed gradually and unnoticed, as Bistoyong withdrew socially from family and friends, according to the assessment. A second psychiatrist supported this evaluation.
Review Board Decision
The Ontario Review Board considered options including absolute discharge, conditional discharge, or continued detention. It selected detention, with annual reviews required.
An NCR verdict does not equate to acquittal or conviction but prioritizes public protection from potential future risks while ensuring treatment for the mental disorder.
On February 18, the board mandated St. Joseph’s to develop a program allowing Bistoyong limited hospital leaves only for essential medical, dental, legal, or compassionate purposes, always escorted by staff. Community access with non-staff supervision requires prior board approval. Police must be notified of any departures.
Family’s Response
Mark’s mother, Merl Bistoyong, expressed deep disappointment after the NCR ruling. “This is not justice,” she stated outside the Hamilton courthouse. “It’s crime. My son is being victimized all over again, this time by the legal justice system.”
