Re Shawn Sullivan, 2025 CanLII 117172

Ontario Review Board

Re: Shawn Sullivan

ORB File No: 6405/6847

Hearing held on: Friday, September 19, 2025

Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby

Pursuant to: Sections 672.48(1) and 672.81(1) of the Criminal Code

Before:

Alternate Chairperson: Mr. M.D. Segal Members: Dr. S. Nagari (by Zoom) Dr. M. Choptiany Ms. J. Greenwood Ms. C. Plyley

Parties Appearing:

Accused: Shawn Sullivan Counsel: Mr. T. Whillier

The person in charge of hospital: Counsel: Ms. J. Szabo

Attorney General of Ontario: Counsel: Ms. N. MacDonald

REASONS FOR DISPOSITION

(Dated November 13, 2025)

Introduction

1. On September 23, 2013, Shawn Sullivan, age 43, was found not fit to stand trial on charges of assault with a weapon, utter a threat to cause death or bodily harm, and mischief not exceeding $5000, contrary to the Criminal Code. On October 26, 2015, Mr. Sullivan was found unfit to stand trial on charges of possession for a dangerous purpose and utter a threat to cause death or bodily harm, contrary to the Criminal Code.

2. On September 19, 2025, Mr. Sullivan, who is on a detention order, appeared before the Ontario Review Board (the “Board”) at the Ontario Shores Centre for Mental Health Sciences (the “hospital”) for his annual hearing. The issue was fitness to stand trial. The Board had before it as Exhibit 1, a Hospital Report dated August 22, 2025.

3. In preliminary positions, all parties agreed that Mr. Sullivan continues to be unfit to stand trial and that the current Disposition was appropriate.

Diagnoses

4. Schizophrenia

Intellectual Disability (Intellectual Disability Disorder), moderate

Attention Deficit Hyperactivity Disorder

Mild Cerebral Palsy

Outstanding Charges

5. The circumstances giving rise to the outstanding charges are excerpted from last year’s Reasons for Disposition and are as follows:

“Index Offence 1:

Charges: Assault with a Weapon

Utter Threat to Cause Death

Mischief Under $5000

On Saturday, May 11th, 2013, at approximately 12:05 a.m., the accused was inside the Bethesda Group Home located at 3910 Fly Road in the Town of Lincoln. The accused was in his room, and was under the supervision of two behavioural therapists, [name of female Therapist 1] and [name of female Therapist 2].

The accused exited his room in an agitated state and was causing a disturbance by banging on the doors of the rooms of other residents. [Therapists 1 and 2] intervened, which caused the accused to become enraged. At this point, the accused entered the washroom area of the residence and began throwing water all over the bathroom and hall area. Once again [Therapists 1 and 2] intervened and locked the accused out of the bathroom. The accused then urinated under the door of the residence's office, where [Therapists 1 and 2] had retreated. The accused then began screaming and stated he was going to kill the staff and residents by shooting them. He then attended a couch in the living room area and began to pull it apart, while attempting to remove the staples holding the fabric onto the structure of the couch. [Therapists 1 and 2] once again intervened and removed the couch from the area.

The accused then began slamming a heavy door in the hall, causing the door handle to break off. The accused grabbed the broken door handle and began hitting the doors and walls within the hall. The accused then used the door handle to break two windows within the main area of the residence and began throwing pieces of broken glass under the office door. A second resident, [male resident’s name], opened his door and the accused threw a piece of glass at him.

[The male resident] sustained a small cut on his left shoulder blade as a result. The accused continued to threaten [Therapist 2], stating he was going to kill her, while holding pieces of glass in his hands.

Police arrived at 1:24 a.m. and observed the accused with pieces of glass in his hands. The accused appeared to be in an agitated state and was yelling. Police heard the accused state he was going to kill [Therapist 2], while holding the glass in his hands and looking in the direction of the office. Police entered the secured main area where the accused was and quickly placed the accused under arrest.

Index Offence 2:

Charges: Utter Threat to Cause Death

Possession of Weapon for Dangerous Purpose

On October 19, 2015, police were contacted by the victim, [female victim’s name], who is employed as a support worker at Bethesda Group Home. [The female victim] requested assistance for Mr. Sullivan who was out of control. He was at the parking lot of 581 Lake Street, throwing things at cars in the parking lot. A short time later, the police arrived and located the accused inside of Club Heidelberg located at 569 Lake Street. The accused was armed with a large piece of metal and was waving it around. Patrons inside the club expressed their concern, as the accused had run in prior to police arrival and was threatening to kill everyone with the metal piece. After the arrest of the accused, a piece of metal was discovered to be a fire extinguisher holder.

While in custody, the accused expressed his dislike for his group home, Bethesda, and advised that he would do anything not to go back there, including killing all the staff members and residents. The accused stated to police that, if he was taken back there, he would get a knife from the kitchen and slice all the staff and resident’s throats. He later told police it was his intention to kill everyone inside Club Heidelberg with the piece of metal. The accused continually stated that, if he was charged with Murder, he would not have to be sent back to Bethesda. Mr. Sullivan yelled at [the female victim] from the cruiser window that she was dead and that he would slice her throat first. He continued to make threats against [the female victim’s] life in the presence of police.”

Background

6. This is well summarized at paragraph 12 of last year’s Reasons, which read:

The Hospital Report, co-authored by Dr. Claire Harrigan, dated September 10, 2024, was made an Exhibit and information therein need not be repeated here beyond the following highlights:

b. Mr. Sullivan had charges against him as a young offender. He was admitted to Syl Apps Youth Centre in the Secure Treatment Program on February 16, 2000, having been found unfit to stand trial on December 14, 1999. He remained in Syl Apps until his placement in Bethesda’s Quarry Ridge Group Home and was ordered to report to St. Joseph’s Healthcare Hamilton or designate monthly.

c. Results of cognitive testing administered in 2001 indicated that his overall intellectual functioning was in the extremely low range, at less than 1st percentile of the population. Mr. Sullivan has needed life-long special education supports.

d. Mr. Sullivan has never resided independently.

e. On October 19, 2023, Mr. Sullivan was transferred from the Provincial Forensic Program at Waypoint Centre for Mental Health Care to the Forensic Assessment and Rehabilitation Unit (FARU) at Ontario Shores Centre for Mental Health Sciences (Ontario Shores).

f. Mr. Sullivan does not have contact with any of his family members. He does not have an Approved Person.

g. Mr. Sullivan is incapable of managing his property and finances. These are currently managed by the Public Guardian and Trustee.

Evidence at Hearing

7. Dr. C. Harrigan, the patient’s psychiatrist, testified. There were no updates. Mr. Sullivan was assessed for fitness the day before the hearing. Mr. Sullivan could not respond to questions about the plea options and consequences, but after coaching referred to the options of guilty or not guilty. The patient thought either would result in jail. Mr. Sullivan knew his lawyer was on his side but was unclear about the role of the prosecution and the judge. He had a general appreciation regarding the meaning of the oath and perjury. Generally, the patient’s understanding was concrete, variable and underdeveloped. Dr. Harrigan had significant concerns about Mr. Sullivan’s ability to meaningfully participate in his trial and instruct counsel. Mr. Sullivan’s understanding of fitness waxes and wanes.

8. In response to questions about permanent unfitness, Dr. Harrigan opined that Mr. Sullivan was still relatively young and capable of absorbing information. Mr. Sullivan is always willing to participate in fitness coaching.

9. The plan is to include supervised community living this year. This will help in getting Mr. Sullivan on waitlists. Insertion of that privilege may also assist with obtaining an occupational therapy assessment which most residences require. There is no indication of the length of the wait Mr. Sullivan requires highly supportive specialized housing. The hospital would like to see him placed in DD TRHP housing which specializes in dual diagnoses. The staff in that residence is specifically trained to deal with those who have an intellectual disability and a co-morbid psychiatric diagnosis. The residence has a high staff-to-resident ratio that would complement Mr. Sullivan’s needs.

10. Mr. Sullivan is a full participant in many activities at the hospital of a recreational and educational nature, both on and off his unit.

11. To promote more independence this year, the hospital will be looking at implementing a “shadowing technique”. This involves the observing the patient from a distance on accompanied passes throughout his routines on hospital grounds and gradually providing more freedom.

Analysis

12. Mr. Sullivan appears to be a pleasant fellow. At the outset of the hearing Mr. Sullivan treated the attendees to a brief sample of his beautiful singing voice. He also provided a couple of his drawings. The lack of fitness is still evident considering the most recent assessment. The hospital will continue its coaching efforts. The shadowing technique appears to be a sensible initiative. Placing Mr. Sullivan on waitlists for supportive housing is a step in the right direction. The current Disposition with the addition of supervised housing as approved by the person in charge strikes the correct balance between Mr. Sullivan’s needs and community safety. We wish Mr. Sullivan well.

DATED this 13^th^ day of November 2025, at the City of Toronto, in the Region of Toronto.

Mr. M.D. Segal

Alternate Chairperson

____________________________

Office of the Registrar

Ontario Review Board