Ontario Review Board
Re: Mathew Dow
ORB File No: 4960
Hearing held on: Tuesday, September 16, 2025
Place of hearing: Ontario Shores Centre for Mental Health Sciences 700 Gordon Street, Whitby
Pursuant to: Section 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: Mathew Dow Counsel: Mr. T. Whillier
The person in charge of hospital: Representative: Dr. M. Pearce
Attorney General of Ontario: Counsel: Ms. N. MacDonald
REASONS FOR DISPOSITION
(Dated November 13, 2025)
Introduction
On November 22, 2007, Mathew Dow, age 54, was found not criminally responsible on account of mental disorder, on charges assault causing bodily harm and failure to comply with a probation order, contrary to the Criminal Code.
Mr. Dow, who was the subject of a conditional discharge, appeared before the Ontario Review Board (the “Board”) at the Ontario Shores Centre for Mental Health Sciences (the “hospital”), on September 16, 2025, for his annual hearing. Mr. Dow becomes anxious because of Board hearings and had opted for hearings every two years.
Exhibit 1 was the Hospital Report dated August 22, 2025.
In preliminary positions, the hospital indicated that it was pleased to recommend an absolute discharge on behalf of a unanimous forensic team and the Person in Charge as Mr. Dow no longer represented a significant threat to the public. Crown counsel and the patient’s counsel supported the hospital.
Diagnosis
- Intellectual Developmental Disorder (intellectual disability), moderate
Index Offences
- The circumstances of the index offences are taken from last year’s Reasons for Disposition as follows:
“On August 13, 2007, Mr. Dow, who was residing in a group home, attended at a minigolf course with a group from his group home. While playing mini golf, he became angry because of how he had played one of his balls. The victim of the index offence told Mr. Dow to follow the ball instead of blaming his leg. Mr. Dow then became very upset and assaulted the victim by punching him in the face and head-butting him while the victim was trying to control him. At the time, Mr. Dow was on a Probation Order. He was consequently charged with the index offences.”
Personal Background
- This is well stated in last year’s Reasons, which read:
“Mr. Dow was a ward of the Childrens’ Aid Society (CAS) and grew up in foster care. His only personal support is Mr. Sarrasin, who has acted in the past as his substitute decision maker. Mr. Dow and Mr. Sarrasin have fallen out of touch.
Mr. Dow has no history of substance use. He is noted to be functionally illiterate.
Mr. Dow’s criminal record spans 1989 to 2006. It includes convictions for five assaults and assault with a weapon.
As an infant and toddler Mr. Dow received care from Sick Kid’s Hospital. His first psychiatric assessment was at age 2. His aggressive and hyperactive behaviours were apparent from six months old on. Medication was prescribed but not effective. He has no history of psychosis. He has a history of violent behaviours against others and of causing property damage at group homes. He had 26 foster placements before becoming a permanent resident at New Leaf Residence.”
Evidence at Hearing
Dr. M. Pearce, the patient’s psychiatrist for over a decade, testified. Dr. Pearce noted that Mr. Dow has lived in the community for over 10 years. At the last hearing, two years ago, the hospital came very close to recommending an absolute discharge, but because proximate to the last hearing there was a physical altercation with a peer, that recommendation was withdrawn.
Since that incident, there has not been incidents of violence or aggression or notable incidents. Mr. Dow has successfully navigated a few housing changes. There has been medication compliance. Mr. Dow’s housing providers supervise medication distribution. The medication is tolerated well. The hospital has spoken with Mr. Dow’s family doctor who will take over his care, including mental health medications. The forensic team will provide transitional overlap for a few months or so. Additionally, the hospital will be available to consult with the family doctor as needed.
Mr. Dow lives in housing provided by Karis through assistance by Developmental Services Ontario. That housing will not be impacted by Mr. Dow’s exit from the Board’s jurisdiction. This past year showed modest gains. In Dr. Pearce’s view, the risk to the public is low.
Mr. Dow has not been violent in at least two years. While the risk scenario raises moderate concerns, Karis has a good behavioural plan in place with emphasis on coping skills.
The hospital has been unable to contact the Substitute Decision Maker for a few months. Before any discharge occurs, the hospital acknowledged that it would ensure that the SDM was comfortable with the plan.
Analysis
Mr. Dow has been under the Board’s supervision for a very long time. There have been no violent behaviours for the last two years or so. The hospital is of the view that Mr. Dow no longer meets the threshold for significant threat to the safety of the public. The Board agrees with the recommendation. Mr. Dow is comfortable and well supervised by Karis. Mr. Dow is happy at his residence. His family doctor has agreed to oversee Mr. Dow’s care supplemented by an overlap period with the Forensic Outpatient Team and the provision of consultation if that need arises, once the transitional period is over.
The evidence was that Mr. Dow’s primary indiscretions are limited to trying to sneak out of the facility, occasional panhandling and pilfering the odd chocolate bar.
The past reporting period has been a good one. There has been stability and no concerning incidents. There have been small improvements. In all the circumstances, Mr. Dow does not meet the significant threat threshold. Accordingly, an Absolute Discharge must follow. We wish Mr. Dow well as he goes forward.
DATED this 13th 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