Photo: Xavier Serieaux
On April 17, a Hamilton court found 25-year-old Xavier Serieaux not criminally responsible (NCR) for the fatal stabbing of Christopher Sim in August 2021, citing severe mental illness that rendered him incapable of understanding the moral wrongfulness of his actions.
The incident
On Aug. 8, 2021, Serieaux stabbed Sim outside Mission Services, a Hamilton shelter, following a brief altercation earlier that day. Surveillance footage showed Sim, 42, knocking Serieaux to the ground in a 22-second confrontation before Serieaux fled. Approximately 20 minutes later, Serieaux returned, ambushed Sim from behind, and stabbed him multiple times. Sim later died in hospital.
Serieaux, who was homeless at the time, evaded arrest for two months before being apprehended in Brantford. No murder weapon was recovered.
The trial and NCRMD hearing
Initially convicted of first-degree murder, Serieaux requested a bifurcated hearing to determine if he qualified for a Not Criminally Responsible on Account of Mental Disorder (NCRMD) verdict under Section 16(1) of the Criminal Code.
Forensic psychiatrist Dr. Richard Komer testified that Serieaux suffered from schizoaffective disorder, psychosis, and severe delusions, believing Sim was a demon who had previously assaulted him through witchcraft. Dr. Komer concluded that Serieaux, in a psychotic state, did not comprehend the moral wrongfulness of his actions, despite knowing stabbing was legally wrong.
History of mental illness
Court records revealed Serieaux had been in and out of psychiatric care since adolescence, diagnosed with paranoia, bipolar disorder, and schizophrenia. He frequently stopped taking medication, leading to repeated hospitalizations. At the time of the stabbing, he had been off treatment for months, exacerbating his delusions.
Another psychiatrist, Dr. John Gojer, initially suggested Serieaux might be malingering (faking symptoms), but later conceded under cross-examination that the defendant’s long-standing mental health history supported genuine psychosis.
The Verdict
Justice H. S. Arrell ruled that Serieaux “was deprived of the capacity for rational perception and hence rational choice” at the time of the killing, citing R. v. Szostak as precedent.
Under Section 672.34 of the Criminal Code, the court rendered a verdict of not criminally responsible. Serieaux will remain at Waypoint Mental Health Centre pending review by the Ontario Review Board, which will determine his future treatment and potential release.
Reactions
Crown prosecutors acknowledged the ruling but emphasized the tragedy of Sim’s death. Meanwhile, mental health advocates highlighted the case as an example of the justice system recognizing severe psychiatric illness in criminal proceedings.
Serieaux’s case underscores the challenges of balancing accountability with mental health considerations in violent crimes. His fate now rests with psychiatric experts rather than the penal system.
news@criminalsamongus.ca
