Re: Martin A. Megan, 2025 CanLII 102473

Re: Martin A. Megan

ORB File No: 7584

Hearing held on: Monday, September 15, 2025

Place of hearing: Thunder Bay Regional Health Sciences Centre

Pursuant to: Section 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. J. Goldenberg

Members: Dr. L. Ramshaw Dr. C. Rose Ms. C. Fromstein Mr. A. Bouvier

Parties Appearing:

Accused: Martin Megan Counsel: Mr. U. Agostino

The Person in charge of Hospital: Representative: Ms. M. Davidson

Attorney General of Ontario: Counsel: Mr. T. Jukes

REASONS FOR DISPOSITION

(Dated October 7, 2025)

Introduction

1On August 13, 2019, Martin A. Megan was found not criminally responsible by reason of mental disorder on a charge of attempted murder. Mr. Megan is currently subject to a disposition of the Ontario Review Board dated September 25, 2024, by which he was ordered to be detained at the Secure Forensic Unit at the Thunder Bay Regional Health Sciences Centre (“the Hospital”). The disposition includes a number of prohibitions, and a number of privileges including the privilege of living in the community in approved accommodation.

2On Monday, September 15, 2025, the Ontario Review Board convened a hearing at the Hospital and conducted the annual review of Mr. Megan’s disposition.

Position of the Parties

3At the outset of the hearing, the parties were canvassed as to their recommendation to the Board. Ms. Davidson appeared for the Hospital. She advised of the Hospital position that Mr. Megan remains a significant threat to public safety, and if the Board so finds, the necessary and appropriate disposition is a continuation of a Detention Order with the exact terms set out in last year’s disposition.

4Mr. Jukes appeared for the Attorney General. Mr. Jukes advised that he supports the Hospital’s recommendation.

5Mr. Agostino appeared for Mr. Megan. Mr. Agostino wished to hear the evidence prior to stating his position.

Index Offence(s):

6The circumstances of the index offence are excerpted from last year’s Board reasons dated September 3, 2024, at paragraph seven as follows:

“The circumstances giving rise to the index offences are set out in last year’s reasons for disposition, and may be summarized as follows: In May 2019, Martin Megan was living with his paternal grandfather, Andrew Megan, on the First Nation Territory of Aroland.

At approximately 3:30 am on May 20, 2019, Martin Megan came out of his bedroom, grabbed two garbage bags from a counter in the kitchen and followed his grandfather into his bedroom. He placed a garbage bag over his grandfather's head and face, held his grandfather down on the bed, and attempted to suffocate him by holding the garbage bag over his nose and mouth. He then choked his grandfather while the bag was still wrapped over his face and head. Andrew Megan was able to tear the garbage bag, allowing him to breath, before Martin threw him to the ground and began to kick him in the back and neck. Once Andrew was on the ground, Martin took the second garbage bag, placed it over Andrew's head, and again tried to choke his grandfather, causing Andrew to lose consciousness. When Andrew Megan came to, he noticed that his keys were missing. He put on a shirt and pants, grabbed his walker, and went out to report the incident. The pickup truck that he had borrowed was missing from his driveway, so with the aid of his walker, Andrew walked barefoot a few blocks over to his son Jeffrey Megan’s residence. Police were then contacted.

Martin Megan was located, arrested, and charged with attempted murder and theft of a motor vehicle. He told police that he had obtained two garbage bags from the kitchen, followed his grandfather to his bedroom, and suffocated him with the two garbage bags before fleeing the residence in the pickup truck.”

Evidence

7The Board admitted into evidence the hospital report dated August 12, 2025. The hospital report provides a great deal of information concerning Mr. Megan, his personal circumstances, his mental health history, details of the index offence, details of prior criminal convictions, and Mr. Megan’s course in hospital and in the community, subsequent to the date of the original N.C.R. finding. As the hospital report was made an exhibit in this hearing, it is not necessary to reproduce the information contained in the hospital report in these reasons. We do note, however, the stated diagnoses of:

• Schizophrenia
• Antisocial Personality Disorder
• Cannabis Use Disorder
• Stimulant Use Disorder
• Alcohol Use Disorder

8In addition to the documentary evidence, the Board heard from Dr. Schubert. Dr. Schubert has been following Mr. Megan for the past six years. Dr. Schubert provided some updates. Mr. Megan has had a very difficult year. The doctor noted that Mr. Megan assaulted a mentally challenged co-patient. Mr. Megan fondled the genitalia of this co-patient.

9Mr. Megan also was challenging and threatening towards staff members.

10Dr. Schubert noted that there has been a history of unsuccessful moves into the community. At one point, Mr. Megan had been discharged to a community residence. Mr. Megan eloped two hours after he moved to that community residence. That occurred in December of 2023. Following that return to hospital, there has not been any further attempt to move Mr. Megan into the community. He has been able to use some limited indirectly supervised privileges.

11There continues to be an ongoing concern about Mr. Megan’s use of substances. He continues to access synthetic cannabinoids. He apparently has brought such substances onto the unit and has used those substances on the unit. Dr. Schubert noted that Mr. Megan has been “deceptive” with staff members. Mr. Megan continues to coerce co-patients and will demand co-patients to give him their DVD players.

12Dr. Schubert also noted that Mr. Megan has attended residential treatment programs. The last treatment program was unsuccessful as the treatment operators returned him to hospital. It appears that Mr. Megan acted inappropriately with staff at the residential program, engaging in exposing his private parts to those staff members.

13Mr. Megan does participate in Indigenous programming.

14Dr. Schubert and the clinical team accept that Mr. Megan remains a significant threat to public safety. The doctor noted the very serious nature of the index offence. The doctor further repeated the inappropriate and criminal conduct towards the vulnerable co-patient and the threatening behaviour towards staff members at this hospital.

15In response to questions from Mr. Jukes, Dr. Schubert described Mr. Megan’s insight as “fluctuating.” On some days, he will acknowledge that he suffers from a mental illness. On other days, he is less certain about that. The doctor did note that Mr. Megan does take his medication as required. There is a history, however, of medication noncompliance in previous years.

16The doctor went on to note that Mr. Megan’s insight regarding the use of substances is “very poor.”

17Mr. Jukes asked about the possibility of other residential treatment programs. The doctor has considered same. Dr. Schubert also noted that Mr. Megan has “a lack of interest” in attending further programs.

18A panel member asked the doctor what Mr. Megan would like to achieve, and secondly, what he is prepared to do to realize his goals. The doctor noted that Mr. Megan’s main wish is to be able to live in the community with his partner. We note that Mr. Megan’s partner attended this hearing. We accept the doctor’s evidence that Mr. Megan has a lengthy relationship with his partner.

19The doctor noted that Mr. Megan has no family members. His partner is his sole support. The doctor noted that he personally is spending a considerable amount of time with Mr. Megan. At this point, Mr. Megan interjected to state that he sees Dr. Schubert three times per week.

20A member of the panel raised the question of whether public safety would require Mr. Megan to be detained at the Waypoint Centre for Mental Health Care. Dr. Schubert acknowledged that the clinical team has given some consideration to the possibility of a transfer to Waypoint. The doctor noted that on the one hand, that would be moving Mr. Megan away from his partner, who is also his chief support. On the other hand, the doctor noted potential benefits in that Mr. Megan would not have access to the substances that continue to be a significant problem.

21No other evidence was heard at this hearing.

Final Submissions

22The Hospital maintained their original position. Ms. Davidson asked the Board to accept Dr. Schubert’s evidence and find that Mr. Megan remains a significant threat to public safety and that the necessary and appropriate disposition is a continuation of a Detention Order at this hospital.

23Mr. Jukes continued to support the Hospital’s position. Mr. Jukes noted that he shares the concern that Mr. Megan may require detention at Waypoint. At the present time, Mr. Jukes, however, continued to support the Hospital’s recommendation.

24Mr. Agostino, in his final submissions, emphasized the importance of Mr. Megan’s relationship and emphasized that it would be a great impairment to the ongoing relationship to be detained at Waypoint.

Findings of the Board

25The Board accepts the evidence of Dr. Schubert, and the evidence contained in the hospital report. We accept that Mr. Megan remains a significant threat to public safety. We are aware of the very serious nature of the index offence. We are aware of and are concerned with the assaultive and threatening behaviour over the past 12 months.

26The Board considered whether public safety would require Mr. Megan to be transferred to Waypoint at this time and ultimately declined to do so.

27Given the ongoing high-risk complexities related to Mr. Megan’s sexually inappropriate and assaultive behaviour with others, including with very vulnerable co-patients, substance use with associated decline in his mental state, and impulsivity, the opportunity for a medication assessment consultation to address these issues was raised by the Board. Dr. Schubert indicated that such an opportunity is available at Thunder Bay Regional Health Sciences Centre. Such a consultation could provide recommendations that may address some of his significant needs while also considering the ongoing need to treat his psychotic disorder.

28Given our concerns, this panel would expect that in the event Mr. Megan sexually or non-sexually assaulted a co-patient or continues to threaten hospital staff, the Hospital should give consideration to calling for an early review of Mr. Megan’s disposition so that panel could determine whether Mr. Megan’s threat to public safety can be safely managed at this hospital.

29In arriving at our decision, the Board has considered the paramount factor of public safety, Mr. Megan’s community reintegration, his mental condition, and his other needs, as required by s. 672.54 of the Code.